EDWARD  C.  SCHMIDTT 

Of    jur 


ILLINOIS 

COMMERCE    COMMISSION 

LAW 

AND  WAREHOUSE  ACT 


COMMISSIONERS 
Frank  L.  Smith,  Chairman 
Cicero  J.  Lindly 
Hal  W.  Trovillion 
p.  h.  moynihan, 
James  F.  Sullivan 
Alex  J.  Johnson 


Julius  Johnson,  Secretary 
Springfield,  Illinois 


(Printed  by  authority  of  the  State  of  Illinois.) 


'ilffiQfC 


EDWARD  C.  SCHMIDT 


ILLINOIS 

COMMERCE    COMMISSION 

LAW 

AND  WAREHOUSE  ACT 


^^. 


^ 


0 


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Prepared  by 


BENJAMIN  S.  DeBOICE 


(Printed  by  authority   of   the   State  of  Illinois.) 


(67533— 2M— 3-22) 


XU(^(LO 


EOWABO  C,  SCHMIDT 


CI- 


TABLE OF  CONTENTS. 


§     9. 
§   10. 


§  11. 

§  12. 

S  13. 

S  14. 

S  15. 

§  16. 

§  17. 

§  18. 

§  19. 


§   20. 
§  21. 

§    22. 

§    23. 

§  24. 
i   25. 

§   26. 


§   28. 


v^ 

§  29. 
§  30. 
§   31. 

^< 

§  32. 
§   33. 

>> 

§   34. 

§   35. 

•  §   36. 

§'37. 

§  38. 
§    39. 

ARTICLE    I. 

Illinois  commerce  commission  ap- 
pointment— term. 

Secretary. 

Assistant  commissioners — additional 
officers    and    employees. 

Oath     of    office — qualification — bond. 

Salaries   and   expenses. 

Office  of  the  commission — meetings 
— seal. 

Fees. 

Supervision  of  utilities — examination 
rules  and  regulations — report  of 
commission. 

Utilities  to  comply  with  requests  and 
to  obey  orders  of  commission. 

Definitions. 

ARTICLE    II. 

Accounts. 

Other  than  public  utility  business. 

Forms  of  accounts. 

Depreciation  of  accounts. 

Audit   and   inspection. 

Accounts   to  be  kept  within   state. 

Falsification  or  destruction  of  ac- 
counts— penalty. 

Penalty  for  divulging  information. 

Report  by  public  utilities — penalties 
for  failure  to  report  for  false  re- 
port. 

ARTICLE    III. 

Power   to  issue  stocks,   bonds,  etc. 

Approval  of  issues — examination  and 
valuation — application  of  proceeds 
— indebtedness  for  a  year  or  less — 
franchises  not  to  be  capitalized. 

Mergers,  consolidations  and  reorgan- 
izations— capitalization. 

Stocks,  bonds,  notes,  etc.,  unlaw- 
fully issued  void. 

Penalty   against   public  utility. 

Penalty  for  false  statements,  etc., 
misappropriation    of    proceeds. 

No  guarantee  of  stocks,  bonds,  etc., 
by   state. 

Incorporated  (intercorporate)  rela- 
tions— proceedings. 

Foreign  corporations  —  franchises — 
application  of  law  to. 

Transfer  of  franchises,  etc. 

Valuation. 

Fees  for  the  issuance  of  bonds — 
exceptions. 

ARTICLE    IV. 

General  duties  of  public  utilities. 

Filing  schedule  of  rates  and  con- 
tracts. 

Printing,  publication  and  posting  of 
schedules — form  to  be  prescribed 
by  commission. 

No  service  to  be  rendered  until 
schedules   filed   and   published. 

Changes  of  rates  —  suspension  of 
rates. 

Charging  more  or  less  than  pub- 
lished rate. 

Discrimination  forbidden. 

Discrimination — rebates,    etc. 


§   40. 


§    41. 


§ 

42. 

§ 

43. 

« 

44. 

s 

45. 

s 

46. 

§ 

47. 

§ 

48. 

§ 

49. 

§ 

50. 

s 

51. 

§ 

52, 

§  53. 


§  54. 

S  54a. 

§  55. 

§  55a. 

§  55b. 

§  55c. 

§  56. 

§  57. 

«  58. 

§  59. 


§  60. 

§  61. 

§  62. 

§  63. 


§  64. 

§  65. 

§  66. 

§  67. 

§  68. 

§  69. 

§  70. 

§  71. 

§  72. 


§  73. 

§  74. 

§  75. 

§  76. 


Ix)ng  and  short  haul — common  car- 
riers— telephones,  telegraph — maps 
and  plats  of  lines. 

Commission  to  fix  rates  and  regula- 
tions. 

Control  over  joint  rates. 

Interstate  rates. 

Interchange  of  traffic  or  service. 

Sidetrack  connections. 

Track  connections. 

Telephone  and  telegraph  connec- 
tions. 

.Joint  use  of  facilities. 

Facilities,  etc. — power  of  commis- 
sion to  determine. 

.Vdditions,  improvements  and  new 
structures — joint    construction. 

Adequacy  of  railroad   service. 

Distribution  of  cars  —  expediting 
traffic  —  demurrage  —  switching  — 
storage  —  delivery  of  express  — 
weights. 

Conditions  in  contracts  for  public 
utility  services  and  forms  of  ex- 
press  receipts. 

Standards  of  service — examinations 
and  tests. 

Reading  of  meters. 

Certificate  of  convenience  and  ne- 
cessity. 

Operation  of  motor  vehicle  on  high- 
way— indemnity   bond. 

Approval   by  commission. 

Action  to  require  approval. 

Report  and  investigation  of  acci- 
dents. 

Safety  of  plant,  appliance,  etc.,  rail- 
road track,  etc. 

Grade  crossings. 

Eminent  domain. 

ARTICLE    V. 

Investigations   and   hearings. 

Testimony — immunity. 

Attendance  of  witnesses — -production 
of  papers — depositions. 

Right  to  inspect  books  and  property 
and  to  examine  agents  of  public 
utilities. 

Complaints — notice — cities. 

Hearings — order — record — copies  of 
official   documents   and   orders. 

Service  of  orders. 

Modification  of  order  or  decision — 
rehearing. 

Action  to  set  aside  orders  of  com- 
mission— jurisdiction. 

Appeals  to   supreme  court. 

Expedition   of   cases. 

Suspension  of  order  of  commission 
pending    judicial    review. 

Reparation  for  overcharge — investi- 
gation of  claims  against  public 
utilities. 

Civil   damages. 

Remedies    cumulative. 

Mandamus  or  injunction  proceedings 
at  instance  of  commission. 

Penalty  for  violation  by  public  utility 
or  corporation  other  than  a  public 
utility  of  act  or  orders — separate 
offenses. 


frX 


8  i  3898 


§   77.     Persons    violating    act    or    orders—       S   S-t. 
penalty.  S  S.j. 

S   78.     Actions    to    recover    penalties. 

$   79.     Duty  of  commission  to  prosecute  and       §   .'«). 
enforce  laws  affecting  public  utili- 
ties. 

§  80.     Cancellation    of    warehouse    licenses. 

§   87. 

ABTICLK    VI. 

$  81.     Power  of  city  with  respect  to  publi<'  S  s.s. 

utilities.  S  S!». 

§   82.     Copv  of  reports  to  be  filed  with  city  S   90. 

— ^falsification   of  reports — penalty. 

§   83.     Commission    to    furnish    information  §   91. 

and  assistance. 


Keview  of  action  of  city. 

Adoption  and  approval  by  electors — 
petition. 

Surrender  of  power  bv  dtv — peti- 
tion. 

.\RTICLE    VII. 

.\cts  repealed — transfer  and  contin- 
uance of   power. 

I'ending  actions  or  proceedings. 

Constitutionality. 

Act  not  applicable  to  Interstate  com- 
merce. F 

Technical  omissions  not  to  invali- 
date acts  of  commission. 


I  2. 
I  3. 
§  4. 


STORING  PERSONAL  PROPERTY  FOR  HIRE. 


Shall   obtain   license.  S  ">. 

Api)lication    for   license.  §  0. 

License- — fee — bond — rules.  §  7. 

Period    for    license    to    run — fees  for 

part   time.  §  S. 


Act   not   retroactive. 

Violation   of  Act — -prosecutions. 

Commission     to     have     authority 

make  rules  and   regulations. 
Penalty. 


COWARD  C.  SCHMIDT 


ILLINOIS  COMMERCE  COMMISSION  LAW. 


(API  ROVED  Junk  29,  1921.   Epffctive  July  1,  1921.) 


An  Act  concerning  public  utilities. 


Article  I. 


ORGANIZATION  AND  POWERS  OF  THE  COMMISSION. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of 
Illinois,  represented  in  the  General  Assembly:  There  is 
hereby  created  in  the  Department  of  Trade  and  Commerce 
an  IlHnois  Commerce  Commission  consisting  of  seven  mem- 
bers. The  governor  shall  appoint  the  members  of  such 
Commission  by  and  with  the  advice  and  consent  of  the 
Senate.  In  case  of  a  vacancy  in  such  office  during  the 
recess  of  the  Senate  the  Governor  shall  make  a  temporary 
appointment  until  the  next  meeting  of  the  Senate,  when 
he  shall  nominate  some  person  to  fill  such  office;  and  any 
person  so  nominated  who  is  confirmed  by  the  Senate,  shall 
hold  his  office  during  the  remainder  of  the  term  and  until 
his  successor  shall  be  appointed  and  qualified.  If  the  Senate 
is  not  in  session  at  the  time  this  Act  takes  effect,  the  Gov- 
ernor shall  make  temporary  appointments  as  in  the  case  of 
a  vacancy.  Each  member  of  the  Commission  shall  hold 
office  for  a  term  of  four  years  from  the  third  Monday  in 
January  next  after  the  election  of  Governor  and  until  his 
successor  is  appointed  and  qualified.  The  Governor  shall 
from  time  to  time  designate  the  member  of  the  Commission 
who  shall  be  its  chairman. 

This  Act  shall  be  administered  by  the  Illinois  Commerce 
Commission  created  by  this  Act  and  in  its  name  without  any 
direction,  supervision,  or  control  by  the  director  of  trade 
and  commerce. 

A  majority  of  the  Commission  shall  constitute  a  quorum 
to  transact  business,  but  no  vacancy  shall  impair  the  right 
of  the  remaining  commissioners  to  exercise  all  of  the  powers 
of  the  Commission ;  and  every  finding,  order  or  decision 
approved  by  a  majority  of  the  members  of  the  Commission 
shall  be  deemed  to  be  the  finding,  order  or  decision  of  the 
Commission. 

§  2.  The  Commission  shall  have  a  secretary,  to  be  ap- 
pointed by  the  Governor  in  the  same  manner  and  for  the 
same  term  as  are  members  of  the  Commission.  He  shall 
keep  a  record  of  all  proceedings,  transactions,  communica- 


Commission 
Number. 
Appoint- 
ment. 


Term  of 
Office. 


Chairman. 


Quorum. 


Secretary. 
Appoint- 
ment. 
Term. 
Duties. 

Sec.  2 


Assistant 
Commis- 
sioners. 
Appoint- 
ment. 
Qualifica- 
tions. 


Duties. 


Hearings. 

Place  Held. 


Additional 
Officers. 
Appoint- 
ment. 


Civil   Serv- 
ice. 
Exemptions. 

Oath  of 
Office. 

Entire  Time 
Devoted  to 
Office. 


Person  In- 
terested in 
Utility  Not 
Eligible. 

Sec.  4 


tions  and  official  acts  of  the  Commission  and  perform  such 
other  duties  as  the  Commission  may  prescribe. 

§  3.  Assistant  commissioners,  not  to  exceed  eight  in  num- 
ber, shall  be  appointed  by  the  Governor  as  circumstances 
may  require,  to  hold  office  at  his  pleasure,  who  may  be 
persons  qualified  by  professional  training  or  previous  expe- 
rience, to  make  valuations  of  public  utility  properties,  or  to 
estimate  proper  rates  of  service  of  public  utilities,  or  to 
examine  other  questions  coming  before  the  Commission,  by 
taking  testimony  or  by  independent  investigation.  Such 
assistant  commissioners  shall,  under  the  direction  of  the 
Commission,  take  testimony  of  witnesses,  examine  accounts, 
records,  books,  papers  and  physical  properties,  either  by 
holding  hearings  or  making  independent  investigations,  in 
any  matter  referred  to  them  by  the  Commission;  and  make 
report  thereof  to  the  Commission,  and  attend  at  hearings 
before  the  Commission  when  so  directed  by  the  Commission, 
for  the  purpose  of  explaining  their  investigations  and  the 
result  thereof  to  the  Commission  and  the  parties  interested ; 
and  perform  such  other  duties  as  the  Commission  may 
direct,  subject  to  its  orders.  All  hearings  before  the  Com- 
mission or  any  commissioner  or  assistant  commissioner  shall 
be  held  within  the  county  in  which  the  subject  matter  of 
the  hearing  is  situated,  or  if  the  subject  matter  of  the  hear- 
ing is  situated  in  more  than  one  county,  then  at  a  place  or 
places  designated  by  the  Commission,  or  agreed  upon  by 
the  parties  in  interest,  w'ithin  one  or  more  such  counties,  or 
at  the  place  which  in  the  judgment  of  the  Commission  shall 
be  most  convenient  to  the  parties  to  be  heard. 

The  Commission  shall  have  power  upon  consultation  with 
and  the  approval  in  writing  of  the  Governor,  to  appoint  or 
employ  such  additional  officers  and  such  accountants,  engi- 
neers, experts,  inspectors,  clerks,  and  employees  as  it  may 
deem  to  be  necessary  to  carry  out  the  provisions  of  this 
Act  or  to  perform  the  duties  and  exercise  the  powers  con- 
ferred by  law  upon  the  Commission.  Appointments  of 
assistant  commissioners,  engineers,  accountants,  rate  ex- 
perts, other  experts,  and  one  private  secretary  or  stenogra- 
pher to  each  commissioner  and  assistant  commissioner,  shall 
not  be  included  in  the  classified  civil  service  of  the  State. 

§  4.  Each  commissioner,  each  assistant  commissioner,  the 
secretary  and  each  person  appointed  to  office  by  the  Com- 
mission, shall  before  entering  upon  the  duties  of  his  office, 
take  and  subscribe  the  constitutional  oath  of  office. 

Each  commissioner,  each  assistant  commissioner,  and  the 
secretary  shall  devote  his  entire  time  to  the  duties  of  his 
office,  and  shall  hold  no  other  office  or  position  of  profit, 
or  engage  in  any  other  business,  employment  or  vocation. 

No  person  in  the  employ  of  or  holding  any  official  relation 
to  any  corporation  or  person  subject  in  whole  or  in  part  to 
regulation  by  the  Commission,  and  no  person  holding  stocks 


or  bonds  in  any  such  corporation,  or  who  is  in  any  other 
manner  pecuniarily  interested  therein,  directly  or  indirectly, 
shall  be  appointed  to  or  hold  the  office  of  commissioner, 
assistant  commissioner  or  secretary,  or  be  appointed  or  em- 
ployed by  the  Commission ;  and  if  any  such  person  shall  vol- 
untarily become  so  interested  his  office  or  employment  shall 
ipso  facto  become  vacant.  If  any  person  become  so  inter- 
ested otherwise  than  voluntarily  he  shall  within  a  reasonable 
time  divest  himself  of  such  interest,  and  if  he  fails  to  do  so 
his  office  or  employment  shall  become  vacant. 

No  commissioner,  assistant  commissioner,  secretary  or 
person  appointed  or  employed  by  the  Commission  shall 
solicit  or  accept  any  gift,  gratuity,  emolument  or  employ- 
ment from  any  person  or  corporation  subject  to  the  super- 
vision of  the  Commission,  or  from  any  officer,  agent  or 
employee  thereof ;  nor  solicit,  request  from  or  recommend, 
directly  or  indirectly,  to  any  such  person  or  corporation,  or 
to  any  officer,  agent  or  employee  thereof  the  appointment  of 
any  person  to  any  place  or  position.  And  every  such  cor- 
poration and  person,  and  every  officer,  agent  or  employee 
thereof,  is  hereby  forbidden  to  ofifer  to  any  commissioner, 
assistant  commissioner,  secretary  or  to  any  person  appointed 
or  employed  by  the  Commission  any  gift,  gratuity,  emolu- 
ment or  employment.  If  any  commissioner,  assistant  com- 
missioner, secretary  or  any  person  appointed  or  employed 
by  the  Commission  shall  violate  any  provisions  of  this  para- 
graph he  shall  be  removed  from  the  office  or  employment 
held  by  him.  Ever}^  person  violating  the  provisions  of  this 
paragraph  shall  be  guilty  of  a  misdemeanor. 

Before  entering  upon  the  duties  of  his  office  each  com- 
missioner shall  give  bond,  with  security  to  be  approved  by 
the  Governor,  in  the  sum  of  $20,000,  conditioned  for  the 
faithful  performance  of  his  duty  as  such  commissioner. 
Before  entering  upon  the  duties  of  his  office  each  assistant 
commissioner  and  the  secretary  shall  give  bond,  with  security 
to  be  approved  by  the  Governor  in  the  sum  of  $10,000,  con- 
ditioned for  the  faithful  performance  of  his  duty  as  such 
assistant  commissioner  or  secretary.  Every  person  ap- 
pointed or  employed  by  the  Commission,  may,  in  the  discre- 
tion of  the  Commission,  before  entering  upon  the  duties  of 
his  office,  be  required  to  give  bond  for  the  faithful  discharge 
of  his  duties,  in  such  sum  as  the  Commission  may  designate, 
which  bond  shall  be  approved  by  the  Commission. 

§  5.  The  annual  salary  of  each  commissioner  shall  be 
seven  thousand  dollars.  The  annual  salary  of  each  assist- 
ant commissioner  and  of  the  secretary  of  the  Commission 
shall  be  five  thousand  dollars.  All  officers,  accountants, 
engineers,  clerks,  inspectors,  experts  and  employees  of  the 
Commission  shall  receive  the  compensation  fixed  by  the 
Commission  subject  to  the  approval  of  the  Governor  in 
writing. 


Shall  Ac- 
cept No  Gift, 
Etc. 


Bond. 

Of  Commis- 
sioners. 
Asst.  Com- 
missioners. 
Secretary, 
Etc. 


Salaries. 


Sec.  5 


Traveling 
Expenses, 
Etc. 


Office. 

Branch 

Office. 

Office 
Hours. 


Meetings. 


Authentica- 
tion. 

Of  Records. 
Seal. 


Fees. 


No  Fees 
Charged 
Public  Offi- 
cials. 


Sec.  7 


The  commissioners  and  their  officers,  accountants,  engi- 
neers, clerks,  inspectors,  experts  and  other  employees,  shall 
have  reimbursed  to  them  all  actual  and  necessary  traveling 
and  other  expenses  and  disbursements  necessarily  incurred 
or  made  by  them  in  the  discharge  of  their  official  duties. 
The  Commission  may  also  incur  necessary  expenses  for 
office  furniture,  stationery,  printing  and  other  incidental 
expenses. 

§  6.  The  office  of  the  Commission  shall  be  in  Springfield, 
but  the  Commission  may,  with  the  approval  of  the  Gov- 
ernor, establish  and  maintain  branch  offices  at  places  other 
than  the  seat  of  governnient.  Such  office  shall  be  open  for 
business  between  the  hours  of  eight  thirty  in  the  morning 
and  five  in  the  evening  throughout  the  year,  and  one  or  more 
responsible  persons  to  be  designated  by  the  Commission  or 
by  the  secretary  under  the  direction  of  tlie  Commission  shall 
be  on  duty  at  all  times  in  immediate  charge  thereof. 

The  Commission  shall  hold  state^  meetings  at  least  once 
a  month  at  its  office  and  may  hold  'such  special. meetings  as 
it  may  deem  necessary  at  any  place  within  the  State. 

The  Commission  may,  for  the  authentication  of  its 
records,  process  and  proceedings,  adopt,  keep  and  use  a 
common  seal,  of  which  seal  judicial  notice  shall  be  taken 
in  all  courts  of  this  State ;  and  any  process,  writ,  notice  or 
other  paper  which  the  said  Commissioner  may  be  author- 
ized by  law  to  issue  shall  be  deemed  sufficient  if  signed  by 
the  secretary  of  said  Commission  and  authenticated  by  such 
seal;  and  all  acts,  orders,  proceedings,  rules,  entries,  min- 
utes, schedules  and  records  of  said  Commission,  and  all 
reports  and  documents  filed  wdth  said  Commission,  may  be 
proved  in  any  court  of  this  State  by  a  copy  thereof,  certified 
to  by  the  secretary  of  said  Commission,  with  the  seal  of  said 
Commission  attached. 

§  7.  The  Commission  shall  charge  and  collect  the  follow- 
ing fees:  For  copies  of  papers  and  records  not  required  to 
be  certified  or  otherwise  authenticated  by  the  Commission, 
ten  cents  for  each  folio ;  for  certified  copies  of  evidence  and 
proceedings  before  the  Commission  or  of  official  documents 
and  orders  filed  in  its  office  fifteen  cents  for  each  folio,  and 
one  dollar  for  every  certificate  under  seal  affixed  thereto ; 
for  certifying  a  copy  of  any  report  made  by  a  public  utility 
to  the  Commission  or  for  each  certified  copy  of  the  annual 
report  of  the  Commission,  one  dollar.  No  fees  shall  be 
charged  or  collected  for  copies  of  papers,  records  or  official 
documents  furnished  to  any  city  or  public  officers  for  use 
in  their  official  capacity,  or  for  the  annual  reports  of  the 
Commission  in  the  ordinary  course  of  distribution,  but  the 
Commission  may  fix  reasonable  charges  for  publications 
issued  under  its  authority.  All  fees  charged  and  collected 
by  the  Commission  shall  belong  to  the  people  of  the  State, 
and  shall  be  paid  not  less  than  ten  days  after  the  receipts 


of  the  same,  accompanied  by  a  detailed  statement  thereof, 
into  the  treasury  of  the  State  to  the  credit  of  the  general 
fund. 

§  8.  The  Commission  shall  have  general  supervision  of 
all  public  utilities,  except  as  otherwise  provided  in  this  Act, 
shall  inquire  into  the  management  of  the  business  thereof 
and  shall  keep  itself  informed  as  to  the  manner  and  method 
in  which  the  business  is  conducted.  It  shall  examine  such 
public  utilities  and  keep  informed  as  to  their  general  condi- 
tion, their  franchises,  capitalization,  rates  and  other  charges, 
and  the  manner  in  which  their  plants,  equipment  and  other 
property  owned,  leased,  controlled  or  operated  are  man- 
aged, conducted  and  operated,  not  only  with  respect  to  the 
adequacy,  security  and  accommodation  afforded  by  their 
service  but  also  with  respect  to  their  compliance  with  the 
provisions  of  this  Act  and  any  other  law,  with  the  orders 
of  the  Commission  and  with  the  charter  and  franchise 
requirements. 

In  case  any  public  utility  is  engaged  in  carrying  on  any 
business  other  than  that  of  a  public  utility,  which  other  busi- 
ness is  not  otherv/ise  subject  to  the  jurisdiction  of  the  Com- 
mission, such  public  utility  in  respect  of  such  other  business 
shall  be  subject  to  inquiry,  examination  and  inspection  by 
the  Commission  in  the  same  manner  as  the  public  utility 
business  in  so  far  as  such  inquiry,  examination  and  inspec- 
tion may  be  necessary  to  enforce  any  provision  of  this  Act. 
The  determination  of  the  Commission  that  a  necessity  for 
any  regulation  of  non-public  business  of  a  public  utility 
exists  shall  be  prima  facie  evidence  of  the  fact  in  any  action 
in  a  court  of  this  State  to  enforce  or  set  aside  an  order  or 
ruling  of  the  Commission. 

The  Commission  may  confer  in  person,  or  by  correspond- 
ence, by  attending  conventions,  or  in  any  other  way,  with 
the  members  of  railroad  or  other  public  utility  commissions 
of  other  states  and  with  the  Interstate  Commerce  Commis- 
sion on  any  matters  relating  to  public  utilities. 

The  Commission  shall  have  power  to  adopt  reasonable 
and  proper  rules  and  regulations  relative  to  the  exercise  of 
its  powers,  and  proper  rules  to  govern  its  proceedings,  and 
to  regulate  the  mode  and  manner  of  all  investigations  and 
hearings,  and  to  alter  and  amend  the  same. 

All  proceedings  of  the  Commission  and  all  documents  and 
records  in  its  possession  shall  be  public  records,  except  as 
in  this  Act  otherwise  provided.  The  Commission  shall  make 
an  annual  report  to  the  Governor  on  or  before  the  first  day 
of  December  in  each  year,  which  shall  contain  copies  of  all 
orders  issued  by  it,  and  any  information  in  the  possession 
of  the  Commission  which  it  shall  deem  of  value  to  the  people 
of  the  State. 

The  Commission  shall  conduct  a  hearing  and  take  testi- 
mony relative  to  pending  legislation  with   respect  to   any 


General  Su- 
pervision. 
Of  Utilities. 


Non-public 
Utility  Busi- 
ness. 

Regulated 
When 
Necessary. 


Conference 
With  Other 
State  Com- 
missions. 


Power  to 
Adopt 
Rules,  Etc. 


Files  Are 
Public 
Record. 
Annual  Re- 
port. 


Sec.  8 


10 


Legislative 
Investiga- 
tion. 


Utility  Com- 
pany Must 
Furnish  In- 
formation. 


Company  to 
Fill  Blanks. 


Verified 
Under  Oath. 


Deliver 
Records, 
Etc.,  to 
Com. 


Public 
Utility 
Shall  Obey 
Orders. 


Definitions. 


Commis- 
sioner. 

Public  Util- 
ity. 


Sec.   10 


person,  corporation  or  matter  within  its  jurisdiction,  if  re- 
quested to  do  so  by  the  General  Assembly  or  by  either 
branch  thereof,  and  shall  report  its  conclusions  to  the  Gen- 
eral Assembly.  The  Commission  may  also  recommend  the 
enactment  of  such  legislation  with  respect  to  any  matter 
within  its  jurisdiction  as  it  deems  wise  or  necessary  in  the 
public  interest.  The  Commission  shall,  at  such  times  as  the 
Governor  shall  direct,  examine  any  particular  subject  con- 
nected with  the  condition  and  management  of  pubHc  utili- 
ties, and  report  to  him  in  writing  its  opinion  thereon  with 
its  reasons  therefor. 

§  9.  Every  public  utility  shall  furnish  to  the  Commission 
all  information  required  by  it  to  carry  into  effect  the  provi- 
sions of  this  Act,  and  shall  make  specific  answers  to  all 
questions  submitted  by  the  Commission. 

Any  public  utility  receiving  from  the  Commission  any 
blanks  wdth  directions  to  fill  the  same,  shall  cause  the  same 
to  be  properly  filled  out  so  as  to  answer  fully  and  correctly 
each  question  therein  propounded,  and  in  case  it  is  unable 
to  answer  any  question,  it  shall  give  a  good  and  sufficient 
reason  for  such  failure ;  and  said  answer  shall  be  verified 
under  oath  by  the  president,  secretary,  superintendent  or 
general  manager  of  such  public  utility  and  returned  to  the 
Commission  at  its  office  within  the  period  fixed  by  the 
Commission. 

Whenever  required  by  the  Commission,  every  public  util- 
ity shall  deliver  to  the  Commission,  any  or  all  maps,  profiles, 
reports,  documents,  books,  accounts,  papers  and  records  in 
its  possession,  or  in  any  way  relating  to  its  property  or 
affecting  its  business,  and  inventories  of  its  property,  in 
such  form  as  the  Commission  may  direct,  or  verified  copies 
of  any  or  all  of  the  same. 

Every  public  utility  shall  obey  and  comply  with  each  and 
every  requirement  of  every  order,  decision,  direction,  rule 
or  regulation  made  or  prescribed  by  the  Commission  in  the 
matters  herein  specified,  or  any  other  matter  in  any  way 
relating  to  or  affecting  its  business  as  a  public  utility,  and 
shall  do  everything  necessary  or  proper  in  order  to  secure 
compliance  with  and  observance  of  every  such  order,  deci- 
sion, direction,  rule  or  regulation  by  all  of  its  officers,  agents 
and  employees. 

§  10.  Unless  otherwise  specified,  the  word  "Commission," 
when  used  in  this  Act,  means  the  Illinois  Commerce  Com- 
mission, which  is  created  and  established  under  the  provi- 
sions of  this  Act. 

The  term  "commissioner,"  when  used  in  this  Act,  means 
one  of  the  members  of  the  Commission. 

The  term  "pubHc  utility,"  w4ien  used  in  this  Act,  means 
and  includes  every  corporation,  company,  association,  joint 
stock  company  or  association,  fiiTn,  partnership  or  individ- 
ual, their  lessees,  trustees,  or  receivers  appointed  by  any 


11 


court  whatsoever  (except,  however,  such  public  utiHties  as 
are  or  may  hereafter  be  owned  or  operated  by  any  transpor- 
tation district  or  other  municipaHty,  and  except  such  tele- 
phone company  or  companies  which  are  or  may  hereafter 
be  purely  mutual  concerns,  having  no  rates  or  charges  for 
services,  but  paying  the  operating  expenses  by  assessment 
upon  the  members  of  such  company  or  companies  and  no 
other  person  or  persons)  that  now  or  hereafter: 

(a)  May  own,  control,  operate,  or  manage,  within  the 
State,  directly  or  indirectly,  for  public  use,  any  plant,  equip- 
ment or  property  used  or  to  be  used  for  or  in  connection 

with  the  transportation  of  persons  or  property  or  the  trans- 
mission of  telegraph  or  telephone  messages  between  points 
within  this  State ;  or  for  the  production,  storage,  transmis- 
sion, sale,  delivery  or  furnishing  of,  heat,  cold,  light,  power, 
electricity  or  water ;  or  for  the  conveyance  of  oil  or  gas  by 
pipe  line  ;  or  for  the  storage  or  warehousing  of  grain  ;  or  for 
the  conduct  of  the  business  of  a  wharfinger  or  that 

(b)  May  own  or  control  any  franchise,  license,  permit  or 
right  to  engage  in  any  such  business. 

The  term  "common  carrier,"  when  used  in  this  Act,  in- 
cludes all  railroads,  street  railroads,  express  companies, 
private  car  lines,  sleeping  car  companies,  fast  freight  lines, 
steamboat  lines  and  other  common  carriers  by  water,  and 
every  corporation,  company,  association,  joint  stock  com- 
pany or  association,  firm,  partnership,  or  individual,  their 
lessees,  trustees,  or  receivers  appointed  by  any  court  what- 
soever, owning,  operating  or  managing  any  such  agency  for 
public  use  in  the  transportation  of  persons  or  property 
within  the  State. 

The  term  "railroad,""  when  used  in  this  Act,  includes 
every  railroad  other  than  a  street  railroad,  by  whatsoever 
power  operated,  for  public  use  in  the  transportation  of  per- 
sons or  property  for  compensation,  with  all  bridges,  ferries, 
tunnels,  equipment,  switches,  spurs,  tracks,  poles,  wires, 
stations,  real  estate  and  terminal  facilities  of  every  kind, 
used,  operated,  controlled  or  owned  by  or  in  connection  with 
any  railroad. 

The  term  "street  railroad,"  when  used  in  this  Act,  includes 
every  railroad  by  whatsoever  power  operated,  or  any  exten- 
sion or  extensions,  branch  or  branches  thereof,  for  public 
use  in  the  transportation  of  persons  or  property  for  compen- 
sation, being  mainly  upon,  along,  above  or  below  any  street, 
avenue,  road,  highway,  bridge  or  public  place  in  any  city, 
village  or  incorporated  town,  and  including  all  equipment, 
switches,  spurs,  tracks,  poles,  wires,  right  of  trackage,  sub- 
ways, tunnels,  stations,  terminals  and  terminal  facilities  of 
every  kind  together  with  all  real  estate  used,  operated,  con- 
trolled or  owned  by  or  in  connection  with  any  such  street 
railroad ;  but  the  said  term  "street  railroad,"  when  used  in 


Transporta- 
tion District 
and  Mutual 
Telephone 
Company 
Excepted. 


Common 
Carrier. 


Railroad. 


Street  Rail- 
road. 


Sec.  10 


12 


Transporta- 
tion of  Per- 
sons. 


Transporta- 
tion of  Prop- 
erty. 


Express  Co. 


Company. 


Corpora- 
tion. 


Person. 
Warehouse. 

Wharfinger. 


Service. 


Sec.  10 


this  Act,  shall  not  include  a  railroad  constituting  or  used  as 
part  of  a  trunk  line  railroad  system. 

The  term  "transportation  of  persons,"  when  used  in  this 
Act,  includes  any  service  in  connection  with  the  receipt,  car- 
riage and  delivery  of  the  person  transported  and  his  bag- 
gage, and  all  facilities,  used  or  necessary  to  be  used  in  con- 
nection with  the  safety,  comfort  and  convenience  of  the 
person  transported. 

The  term  "transportation  of  property,"  when  used  in  this 
Act,  includes  any  service  in  connection  with  the  receipt, 
carriage,  delivery,  elevation,  transfer  in  transit,  ventilation, 
refrigeration,  icing,  storage  and  handling  of  the  property 
transported. 

The  term  "express  company,"  when  used  in  this  Act,  in- 
cludes every  corporation,  company,  association,  joint  stock 
company  or  association,  firm,  partnership  or  individual, 
their  lesees,  trustees,  or  receivers  appointed  by  any  court 
whatsoever,  engaged  in  the  transportation  of  freight,  mer- 
chandise or  other  property  for  compensation  on  the  route 
or  line  of  any  other  common  carrier. 

The  term  "company,"  when  used  in  this  Act,  in  connec- 
tion with  a  public  utility,  includes  any  corporation,  company, 
association,  joint  stock  company  or  association,  firm,  part- 
nership or  individual,  their  lessees,  trustees,  or  receivers 
appointed  by  any  court  whatsoever,  owning,  holding,  oper- 
ating, controlling  or  managing  such  a  public  utility,  but  not 
municipal  corporations. 

The  term  "corporation,"  when  used  in  this  Act,  includes 
any  corporation,  company,  association,  joint  stock  company 
or  association,  but  not  municipal  corporations. 

The  term  "person,"  when  used  in  this  Act,  includes  an 
individual,  firm  or  co-partnership. 

The  term  "warehouse,"  when  used  in  this  Act,  includes 
all  elevators  or  storehouses  where  grain  is  stored  for  a  com- 
pensation, whether  the  property  stored  be  kept  separate  or 
not. 

The  term  "wharfinger,"  when  used  in  this  Act,  includes 
every  corporation,  not  municipal,  or  person,  their  lessees, 
trustees,  or  receivers  appointed  by  any  court  whatsoever, 
owning,  controlling,  operating  or  managing  any  dock, 
wharf,  or  structure  used  by  vessels  or  other  water  craft  in 
connection  with  or  to  facilitate  the  receipt  or  discharge  of 
freight  or  passengers  within  this  State. 

The  term  "service,"  when  used  in  this  Act,  is  used  in  its 
broadest  and  most  inclusive  sense,  and  includes  not  only  the 
use  or  accommodation  aflForded  consumers  or  patrons,  but 
also  any  product  or  commodity  furnished  by  any  public 
utility  and  the  plant,  equipment,  apparatus,  appliances,  prop- 
erty and  facilities  employed  by,  or  in  connection  with,  any 
public  utility  in  performing  any  service  or  in  furnishing  any 
product  or  commodity  and  devoted  to  the  purposes  in  which 


13 


such  public  utility  is  engaged  and  to  the  use  and  accommo- 
dation of  the  public. 

The  term  "rate,"  when  used  in  this  Act,  includes  every  in- 
dividual or  joint  rate,  fare,  toll,  charge,  rental  or  other  com- 
pensation of  any  public  utility  or  any  two  or  more  such  indi- 
vidual or  joint  rates,  fares,  tolls,  charges,  rentals  or  other 
compensations  of  any  public  utility  or  any  schedule  or  tariff 
thereof,  and  any  rule,  regulation,  charge,  practice  or  con- 
tract relating  thereto. 

The  term  "city  council,"  when  used  in  this  Act,  includes 
the  mayor  and  commissioners  of  cities  which  have  adopted 
the  Commission  form  of  municipal  government  and  the 
council  of  all  other  cities  and  the  president  and  board  of 
trustees  of  villages  and  incorporated  towns. 

The  term  "city,"  when  used  in  this  Act,  includes  all  vil- 
lages and  incorporated  towns.  The  powers  and  jurisdiction 
conferred  upon  cities  by  Article  VI  of  this  Act  shall  super- 
sede the  powers  and  jurisdiction  conferred  upon  the  Illinois 
Commerce  Commission,  in  all  cases  in  which  that  article 
shall  be  adopted  by  cities. 


Rate. 


City 
Council. 


City. 


Article  II. 


REPORTS    AND    ACCOUNTS. 

§  11.  The  Commission  shall  have  power  to  establish  a 
uniform  system  of  accounts  to  be  kept  by  public  utilities  or 
to  classify  public  utilities  and  to  establish  a  uniform  system 
of  accounts  for  each  class  and  to  prescribe  the  manner  in 
which  such  accounts  shall  be  kept.  It  may  also,  in  its  dis- 
cretion, prescribe  the  forms  of  accounts  to  be  kept  by  public 
utilities,  including  records  of  service,  as  well  as  accounts  of 
earnings  and  expenses,  and  any  other  forms,  records  and 
memoranda  which  in  the  judgment  of  the  Commission  may 
be  necessary  to  carry  out  any  of  the  provisions  of  this  Act. 
The  system  of  accounts  established  by  the  Commission  and 
the  forms  of  accounts  prescribed  by  it  shall  not  be  inconsist- 
ent, in  the  case  of  corporations  subject  to  the  provisions  of 
the  Act  of  Congress  entitled,  "An  Act  to  regulate  com- 
merce," approved  February  fourth,  eighteen  hundred  and 
eighty-seven,  and  the  Acts  amendatory  thereof  and  supple- 
mentary thereto,  with  the  systems  and  forms  from  time  to 
time  established  for  such  corporations  by  the  Interstate 
Commerce  Commission,  but  nothing  herein  contained  shall 
affect  the  power  of  the  Commission  to  prescribe  forms  of 
accounts  for  such  corporations,  with  the  approval  of  the 
Interstate  Commerce  Commission,  covering  information  in 
addition  to  that  required  by  the  Interstate  Commerce  Com- 
mission. Where  the  Commission  has  prescribed  the  forms 
of  accounts  to  be  kept  by  any  public  utility  for  any  of  its 
business,  it  shall  thereafter  be  unlawful  for  such  public  util- 
ity to  keep  any  accounts  for  such  business  other  than  those 


Uniform 
System  of 
Accounts. 


Sec.  11 


14 


Non-public 
Utility  Ac- 
counts. 


Capitaliza- 
tion. 


Accounts. 
Income. 
Operating 
Expenses. 
Additions 
and  Better- 
ments. 


Accounts. 
Deprecia- 
tion. 


Audit  of 
Accounts 
of  Utilities. 


Utility  Must 
Keep  Office, 
Books  and 
Records  in 
State. 
Address 
Fikd. 

No  Books 
Removed 
from  State. 

Sec.  16 


prescribed  or  approved  by  the  Commission,  or  those  pre- 
scribed by  or  under  the  authority  of  any  other  state  or  of  the 
United  States. 

The  Commission  may,  from  time  to  time,  alter,  amend  or 
repeal  in  whole  or  in  part,  any  unifor  system  of  accounts, 
or  the  form  and  manner  of  keeping  accounts. 

§  12.  The  Commission  may  require  every  pubHc  utility 
engaged  directly  or  indirectly  in  any  other  than  a  public 
utility  business,  as  defined  by  law  to  keep  separately  in  like 
manner  and  form  the  accounts  of  all  such  other  business, 
and  the  Commission  may  provide  for  the  examination  and 
inspection  of  the  books,  accounts,  papers  and  records  of  such 
other  business,  in  so  far  as  may  be  necessary  to  enforce  any 
provision  of  this  Act.  The  Commission  shall  have  power 
to  inquire  as  to  and  prescribe  the  apportionment  of  capital- 
ization, earnings,  debts  and  expenses  fairly  and  justly  to  be 
awarded  to  or  borne  by  the  ownership,  operation,  manage- 
ment or  control  of  such  public  utility  as  distinguished  from 
such  other  business. 

§  13.  Such  systems  of  accounts  shall  provide  for  forms 
showing  all  sources  of  incomes,  the  amounts  due  and  re- 
ceived from  each  source  and  the  amounts  expended  and  due 
for  each  purpose,  distinguishing  clearly  all  payments  for 
operating  expenses  from  those  for  new  construction,  exten- 
sions and  additions  and  for  balance  sheets  showing  assets 
and  liabilities  and  various  forms  of  proprietary  interest. 

§  14.  The  Commission  shall  have  power,  after  hearing,  to 
require  any  or  all  public  utilities  to  keep  such  accounts  as 
will  adequately  reflect  depreciation,  obsolescence  and  the 
progress  of  the  arts.  The  Commission  may,  from  time  to 
time,  ascertain  and  determine  and  by  order  fix  the  proper 
and  adequate  rate  of  depreciation  of  the  several  classes  of 
property  for  each  public  utility ;  and  each  public  utility  shall 
conform  its  depreciation  accounts  to  the  rates  so  ascertained, 
determined  and  fixed. 

§  15.  The  Commission  may  provide  for  the  examination 
and  audit  of  all  accounts,  and  all  items  shall  be  allocated  to 
the  accounts  in  the  manner  prescribed  by  the  Commission. 
The  officers  and  employees  of  the  Commission  shall  have 
authority  under  the  direction  of  the  Commission  to  inspect 
and  examine  any  and  all  books,  accounts,  papers,  records 
and  memoranda  kept  by  such  public  utilities. 

§  16.  Each  public  utility  shall  have  an  office  in  one  of  the 
cities,  villages  or  incorporated  towns  in  this  State  in  which 
its  property  or  some  i)art  thereof  is  located,  and  shall  keep 
in  said  office  all  such  books,  accounts,  papers,  records  and 
memoranda  as  shall  be  ordered  by  the  Commission  to  be 
kept  within  the  State.  The  address  of  such  office  shall  be 
filed  with  the  Commission.  No  books,  accounts,  papers, 
records  or  memoranda  ordered  by  the  Commission  to  be  kept 
within  the  State  shall  be  at  any  time  removed  from  the  State, 


15 


except  upon  such  conditions  as  may  be  prescribed  by  the 
Commission. 

§  17.  Any  person  who  shall  wilfully  make  any  false  entry 
in  the  accounts,  or  in  any  record  of  memoranda,  or  by  any 
other  means  or  device  falsify  the  record  of  any  such  account, 
record  or  memoranda,  or  who  shall  wilfully  neglect  or  fail 
to  make  full,  true,  and  correct  entries  in  such  accounts,  rec- 
ords, or  memoranda  of  all  facts  in  transactions  appertaining 
to  the  business  of  the  public  utility,  or  shall  keep  any  ac- 
counts or  record  other  than  those  prescribed  or  approved  by 
the  Commission,  shall  be  guilty  of  a  misdemeanor,  and  upon 
conviction,  be  subject  to  imprisonment  in  the  county  jail  not 
exceeding  one  year,  or  to  a  fine  not  exceeding  one  thousand 
dollars,  or  to  both. 

If  any  such  books,  accounts,  records  or  memoranda  shall 
have  been  preserved  for  a  period  of  at  least  three  years,  a 
public  utility  may  with  the  consent  of  the  Commission  de- 
stroy such  of  them  as  in  the  judgment  of  the  Commission 
may  properly  be  destroyed. 

§  18.  Any  officer  or  employee  of  the  Commission  who 
divulges  any  fact  or  information  coming  to  his  knowledge 
during  the  course  of  an  inspection,  examination  or  investi- 
gation of  any  account,  record,  memorandum,  book  or  paper 
of  a  public  utility,  except  in  so  far  as  he  may  be  authorized 
by  the  Commission  or  by  a  court  of  competent  jurisdiction, 
or  a  judge  thereof,  shall  be  guilty  of  a  misdemeanor,  and 
upon  conviction,  be  subject  to  imprisonment  in  the  county 
jail  not  exceeding  one  year,  or  to  a  fine  not  exceeding  one 
thousand  dollars,  or  to  both. 

§  19.  Each  public  utility  in  the  State  shall  each  year  fur- 
nish to  the  Commission,  in  such  form  as  the  Commission 
shall  require,  annual  reports  as  to  all  the  items  mentioned  in 
the  preceding  sections  of  this  article,  and  in  addition  such 
other  items,  whether  of  a  nature  similar  to  those  therein 
enumerated  or  otherwise,  as  the  Commission  may  prescribe. 
Such  annual  reports  shall  contain  all  the  required  informa- 
tion for  the  period  of  twelve  months  ending  on  the  thirtieth 
day  of  June  in  each  year,  or  ending  on  the  thirty-first  day  of 
December  in  each  year,  as  the  Commission  may  by  order 
prescribe  for  each  class  of  public  utilities,  and  shall  be  filed 
with  the  Commission  at  its  office  in  Springfield  within  three 
months  after  the  close  of  the  year  for  which  the  report  is 
made.  The  Commission  shall  have  authority  to  require  any 
public  utility  to  file  monthly  reports  of  earnings  and  expen- 
ses of  such  utility,  and  to  file  other  periodical  or  special,  or 
both  periodical  and  special  reports  concerning  any  matter 
about  which  the  Commission  is  authorized  by  law  to  keep 
itself  informed.     All  reports  shall  be  under  oath. 

When  any  report  is  erroneous  or  defective  or  appears  to 
the  Commission  to  be  erroneous  or  defective,  the  Commis- 
sion may  notify  the  public  utility  to  amend  such  report  within 


False  Ac- 
count and 
Records. 


Keeping  Un- 
authorized 
Accounts. 

Penalty. 

Destruction 
of  Accounts, 
Etc. 


Information 
Not  to  Be 
Divulged. 


Penalty. 


Annual 
Reports. 


Other  Re- 
ports May 
Be  Re- 
quired. 
All  Reports 
Under  Oath. 


Erroneous 
Report. 


Sec.  19 


16 

thirty  days,  and  before  or  after  the  termination  of  such 
period  the  Commission  may  examine  the  officers,  agents,  or 
employees,  and  books,  records,  accounts,  vouchers,  plant, 
equipment  and  property  of  such  public  utility,  and  correct 
such  items  in  the  report  as  upon  such  examination  the  Com- 
mission may  find  defective  or  erroneous. 
Reports  All  reports  made  to  the  Commission  by  any  public  utility 

pP^"  *°  and  the  contents  thereof  shall  be  open  to  public  inspection, 

unless  otherwise  ordered  by  the  Commission.     Such  reports 
shall  be  preser\^ed  in  the  office  of  the  Commission. 
Penalty  for  Any  public  utility  which  fails  to  make  and  file  any  report 

Failure  to  called  for  by  the  Commission  within  the  time  specified;  or 

Report.  ^Q  make  specific  answer  to  any  question  propounded  by  the 

Commission  within  thirty  days  from  the  time  it  is  lawfully 
required  to  do  so,  or  within  such  further  time,  not  to  exceed 
ninety  days,  as  may  in  its  discretion  be  allowed  by  the  Com- 
mission, shall  forfeit  $100  for  each  and  every  day  it  may  so 
be  in  default. 
Penalty  Any  person  who  wilfully  makes  any  false  return  or  report 

for  False  ^q  the  Commission,  or  to  any  member,  officer  or  employee 

Report.  thereof,  and  any  person  who  aids  or  abets  such  person  shall, 

upon  conviction,  be  subject  to  imprisonment  in  the  county 
jail  not  exceeding  one  year,  or  to  a  fine  not  exceeding  one 
thousand  dollars,  or  both. 

Article  III. 

Stocks     and     Bonds — Capitalization — Intercorporate 
Relations — Franchises — Valuation. 

§  20.  The  power  of  public  utilities  to  issue  stocks,  stock 
certificates,  bonds,  notes  and  other  evidences  of  indebtedness 
and  to  create  liens  on  their  property  is  a  special  privilege, 
Commission  the  right  of  supervision,  regulation,  restriction  and  control 
to  Regulate.  of  which  is  and  shall  continue  to  be  vested  in  the  State, 
and  such  power  shall  be  exercised  by  the  Commission  hereby 
created  according  to  the  provisions  of  this  Act  and  under 
such  rules  and  regulations  as  the  Commission  may  pre- 
scribe. 

The  Commission  shall  provide,  by  serial  number  or  other 

tlo*n"Num-         device  to  be  placed  on  the  face  thereof,  for  the  proper  and 

ber.  easy  identification  of  such  stocks,  stock  certificates,  bonds. 

notes  and  other  evidences  of  indebtedness  as  may  be  issued 

by  public  utilities  under  the  provisions  of  this  article. 

Purposes  for  §21.  Subject  to  the  provisions  of  this   Act  and   of  the 

Which  Se-         order  of  the  Commission  issued  as  provided  in  this  Act,  a 

curity  Issues     public  utility  may  issue  stocks  and  stock  certificates,  and 

Authorized       bonds,  notes  and  other  evidences  of  indebtedness  payable 

at   periods   of   more   than    twelve    months   after   the    date 

thereof,  for  the  following  purposes  and  no  others,  namely: 

For  the   acquisition   of  property,   or    for   the   construction, 

extension  or  improvement  of  or  addition  to  its  facilities,  or 

Sec.  21 


17 


for  the  discharge  or  lawful  refunding  of  its  obligations ; 
or  for  the  reimbursement  of  moneys  actually  expended  from 
income  or  from  any  other  moneys  in  the  treasury  of  the 
public  utility  not  directly  or  indirectly  secured  by  or  ob- 
tained from  the  issue  of  stocks  or  stock  certificates,  or 
bonds,  notes  or  other  evidences  of  indebtedness  of  such 
public  utility,  within  five  years  next  prior  to  the  filing  of 
an  application  with  the  Commission  for  the  required  author- 
ization, for  any  of  the  aforesaid  purposes  except  mainte- 
nance of  service,  replacements  and  substitutions  in  cases 
where  the  applicant  shall  have  kept  its  accounts  and  vouch- 
ers for  such  expenditures  in  such  manner  as  to  enable  the 
Commission  to  ascertain  the  amounts  of  moneys  so  expended 
and  the  purposes  for  which  such  expenditures  were  made, 
and  the  sources  of  the  funds  in  the  treasury  of  the  public 
utility  applied  to  such  expenditures :  Proznded,  that  such 
public  utility,  in  addition  to  the  other  requirements  of  law, 
shall  first  have  secured  from  the  Commission  an  order 
authorizing  such  issue  and  stating  the  amount  thereof  and 
the  purpose  or  purposes  to  which  the  issue  or  the  proceeds 
thereof  are  to  be  applied,  and  that,  in  the  opinion  of  the 
Commission,  the  money,  property  or  labor  to  be  procured 
or  paid  for  by  such  issue  is  reasonably  required  for  the 
purpose  or  purposes  specified  in  the  order,  and  that,  except 
as  otherwise  permitted  in  the  order  in  the  case  of  notes  or 
other  evidences  of  indebtedness,  such  purpose  or  purposes 
are  not,  in  whole  or  in  part,  reasonably  chargeable  to  oper- 
ating expenses  or  to  income.  To  enable  it  to  determine 
whether  it  will  issue  such  order,  the  Commission  shall  hold 
a  hearing  and  may  make  such  additional  inquiry  or  investi- 
gation, and  examine  such  witnesses,  books,  papers,  accounts, 
documents  and  contracts  and  require  the  filing  of  such  data 
as  it  may  deem  of  assistance.  The  public  utility  may  be  re- 
quired by  the  Commission  to  disclose  every  interest  of  the 
directors  of  such  public  utility  in  any  transaction  under  in- 
vestigation. The  Commission  shall  have  power  to  investi- 
gate all  such  transactions  and  to  inquire  into  the  good  faith 
thereof,  to  examine  books,  papers,  accounts,  documents  and 
contracts  of  public  utilities,  construction  or  other  companies 
or  of  firms  or  individuals  with  whom  the  public  utility  shall 
have  had  financial  transactions,  for  the  purpose  of  enabling 
it  to  verify  any  statements  furnished,  and  to  examine  into 
the  actual  value  of  property  acquired  by  or  services  rendered 
to  such  public  utility.  Before  issuing  its  order  the  Com- 
mission, when  it  is  deemed  necessary  by  the  Commission, 
shall  make  an  adequate  physical  valuation  of  all  property 
of  the  public  utility,  but  a  valuation  already  made  under 
proper  public  supervision  may  be  adopted,  either  in  whole 
or  in  part,  at  the  discretion  of  the  Commission ;  and  shall 
also  examine  all  previously  authorized  or  outstanding  secur- 
ities of  the  public  utility,  and  fixed  charges  attached  thereto. 


Authority  of 
Commission 
Required. 


Commission 
to  Investi- 
gate. 


Sec.  21 


18 

Facts  to  Be  .\  statement  of  the  results  of  such  pliysical  valuation,  and  a 
Included  in  statement  of  the  character  of  all  outstanding  securities,  to- 
gether with  the  conditions  under  which  they  are  held,  shall 
'  be  included  in  the  order.  The  Commission  may  require  that 
such  information  or  such  part  thereof  as  it  thinks  proper, 
shall  appear  upon  the  stock,  stock  certificates,  bond,  note  or 
other  evidence  of  indebtedness  authorized  by  its  order.  The 
Commission  may  by  its  order  grant  permission  for  the  issue 
of  such  stock  certificates,  or  bonds,  notes  or  other  evidences 
of  indebtedness  in  the  amount  applied  for,  or  in  a  lesser 
amount,  or  not  at  all,  and  may  attach  to  the  exercise  of  its 
permission  such  condition  or  conditions  as  it  may  deem  rea- 
sonable and  necessary.  The  Commission  may  also  require 
the  public  utility  to  compile  for  the  information  of  its  share- 
holders such  facts  in  regard  to  its  financial  transactions,  in 
such  form  as  the  Commission  may  direct. 
Application  Xo  public  utility  shall,  without  the  consent  of  the  Com- 

of  Funds.  mission,  apply  the  issue  of  any  stock  or  stock  certificate,  or 

bond,  note  or  other  evidence  of  indebtedness,  or  any  part 
thereof,  or  any  process  thereof,  to  any  purpose  not  specified 
in  the  Commission's  order  or  to  any  purpose  specified  in 
the  Commission's  order  in  excess  of  the  amount  authorized 
for  such  purpose ;  or  issue,  or  dispose  of  the  same  on  any 
terms  less  favorable  than  those  specified  in  such  order,  or  a 
modification  thereof.  The  Commission  shall  have  the  power 
Account  for  to  require  public  utilities  to  account  for  the  disposition  of 
Disposition.  the  proceeds  of  all  sales  of  stocks  and  stock  certificates,  and 
bonds,  notes  and  other  evidences  of  indebtedness,  in  such 
form  and  detail  as  it  may  deem  advisable,  and  to  establish 
such  rules  and  regulations  as  it  may  deem  reasonable  and 
necessary  to  insure  the  disposition  of  such  proceeds  for  the 
purpose  or  purposes  specified  in  its  order. 
Short  Term  A  i)ublic  utility  may  issue  notes,  for  proper  purposes,  and 

Notes.  not  in  violation  of  any  provision  of  this  Act  or  any  other 

Act,  payable  at  periods  of  not  more  than  twelve  months 
after  the  date  of  issuance  of  the  same,  without  the  consent 
of  the  Commission  ;  but  no  such  note  shall,  in  whole  or  in 
part,  be  renewed  from  time  to  time  without  the  consent  of 
the  Commission  for  an  aggregate  period  of  longer  than  two 
years,  or  be  refunded  by  any  issue  of  stocks  and  stock  cer- 
tificates, or  of  bonds,  notes  of  any  term  or  character  or  any 
other  evidence  of  indebtedness,  without  the  consent  of  the 
Commission. 
Capital iza-  The   Commission   shall   have  no  power  to  authorize  the 

tion  of  capitalization  of  the  right  to  be  a  corporation,  or  to  authorize 

Etr"'prnhih  ^^'^^  Capitalization  of  any  franchise,  license  or  permit  what- 
soever, or  the  right  to  own.  operate  or  enjoy  any  such  fran- 
chise, license,  or  permit,  in  excess  of  the  amount  (  exclusive 
of  any  tax  or  annual  charge)  actually  i)aid  to  the  State  or 
to  a  political  subdivision  thereof  as  the  consideration  for  the 
grant  of  such  franchise,  license,  permit  or  right ;  nor  shall 
Sec.  21 


Etc.,  Prohib 
ited 


19 


any  contract  for  consolidation  or  lease  be  capitalized,  nor 
shall  any  public  utility  hereafter  issue  any  bonds,  notes  or 
other  evidences  of  indebtedness  against  or  as  a  lien  upon 
any  contract  for  consolidation  or  merger. 

§  22.  The  capitalization  of  a  public  utility  formed  by  a 
merger  or  consolidation  of  two  or  more  corporations  shall 
be  subject  to  the  approval  of  the  Commission,  but  in  no 
event  shall  the  Commission  approve  a  capitalization  exceed- 
ing the  sum  of  the  capital  stock  of  the  corporations  so  con- 
solidated, at  the  par  value  thereof,  and  any  additional  sum 
actually  paid  in  cash  for  improvements ;  nor  shall  any  con- 
tract for  consolidation  or  lease  be  capitalized  in  the  stock  of 
any  corporation  whatever ;  nor  shall  any  corporation  here- 
after issue  any  bonds  against  or  as  a  lien  upon  any  contract 
'^or  consolidation  or  merger.  In  any  reorganization  of  a 
public  utility,  resulting  from  forced  sale,  or  in  any  other 
manner,  the  amount  of  capitalization,  including  therein  all 
stocks  and  stock  certificates  and  bonds,  notes  and  other  evi- 
dences of  indebtedness,  shall  be  such  as  is  authorized  by  the 
Commission,  which  in  making  its  determination,  shall  not 
exceed  the  fair  value  of  the  property  involved.  Issuance  of 
stocks  and  stock  certificates,  and  bonds,  notes  or  other  evi- 
dences of  indebtedness  in  connection  with  any  consolidation, 
merger,  or  reorganization  shall  be  subject  to  all  the  terms 
of  Section  20  and  21  of  this  Act. 

§  23.  All  stock  and  every  stock  certificate,  and  every  bo^d, 
note  or  other  evidence  of  indebtedness,  of  a  public  utility, 
not  payable  within  twelve  months  issued  without  an  order  of 
the  Commission  authorizing  the  same  then  in  efifect  shall  be 
void,  unless  issued  upon  the  authority  of  any  articles  of  in- 
corporation or  amendments  thereto,  and  of  a  vote  of  the 
stockholders  or  directors,  filed  and  taken  before  January  1, 
1914,  and  likewise  all  stock  and  every  stock  certificate,  and 
every  bond,  note  or  other  evidence  of  indebtedness  of  a 
public  utility  not  payable  within  twelve  months,  issued  with 
the  authorization  of  the  Commission,  but  not  conforming  in 
its  provisions  to  the  provisions,  if  any,  which  it  is  required 
by  the  order  of  authorization  of  the  Commission  to  contain, 
shall  be  void ;  but  no  failure  in  any  other  respect  to  comply 
with  the  terms  or  conditions  of  the  order  of  authorization 
of  the  Commission  shall  render  void  any  stock  or  stock  cer- 
tificate, or  any  bond,  note  or  other  evidence  of  indebtedness, 
except  as  to  a  corporation  or  person  taking  the  same  with 
notice  of  the  failure  to  comply  with  the  order  of  the  Com- 
mission. 

§  24.  Every  public  utility  which,  directly  or  indirectly, 
issues  or  causes  to  be  issued,  any  stock,  stock  certificate, 
bond,  note  or  other  evidence  of  indebtedness,  in  non-con- 
formity with  the  order  of  the  Commission  authorizing  the 
same,  or  contrary  to  the  provisions  of  this  Act,  or  which 
applies   the   proceeds    from   the   sale   thereof,   or   any   part 


Merger  or 
Consolida- 
tion— Capi- 
talization. 


Securities 
Issued  Un- 
lawfully 
Void. 


Penalty. 


Sec.  24 


20 


Unlawful 
Issue  of 
Securities. 


False  State- 
ment in  Ap- 
plication, 
Etc. 


Wrongful 

Application 
of  Funds. 


Penalty. 


Securities 
Not  Guaran- 
teed. 


thereof,  to  any  purpose  other  than  the  puqjose  or  purposes 
specified  in  the  Commission's  order,  as  herein  provided,  or 
to  any  purpose  specified  in  the  Commission's  order  in  excess 
of  the  amount  authorized  for  such  purpose,  shall  upon  con- 
viction, he  subject  to  a  penalty  of  not  less  than  five  hundred 
dollars  ($500)  nor  more  'than  twenty  thousand  dollars 
($20,000)  for  each  ofifense. 

§  25.  Every  officer,  a^ent  or  employee  of  a  public 
utility,  and  every  other  person  who  knowingly  authorizes, 
directs,  issues  or  executes,  causes  to  be  issued  or  executed, 
or  aids  in  the  issue  or  execution  of  any  stock,  stock  certifi- 
cate, bond,  note  or  other  evidence  of  indebtedness,  in  non- 
conformity with  the  order  of  the  Commission  authorizing 
the  same,  or  contrary  to  the  provisions  of  this  Act ;  or  who, 
in  any  proceeding  before  the  Commission,  knowingly  makes 
any  false  statement  or  representation,  or  with  the  knowledge 
of  its  falsity  files  oV  causes  to  be  filed  with  the  Commission 
any  false  statement  or  representation,  which  said  statement 
or  representation  so  made,  filed  or  caused  to  be  filed,  may 
tend  in  any  way  to  influence  the  Commission  to  make  an 
order  authorizing  the  issue  of  any  stock  or  stock  certificate, 
or  any  bond,  note  or  other  evidence  of  indebtedness,  or 
which  results  in  procuring  from  the  Commission  the  making 
of  any  such  order,  or  who,  with  knowledge  that  any  false 
statement  or  representation  was  made  to  the  Commission, 
in  any  proceeding,  tending  in  any  way  to  influence  the  Com- 
mission to  make  such  order,  issues  or  executes  or  negotiates, 
or  causes  to  be  issued,  executed  or  negotiated  any  such  stock 
or  stock  certificate,  or  bond,  note  or  other  evidence  of  in- 
debtedness, or  who,  directly  or  indirectly,  knowingly  applies, 
or  causes  or  assists  to  be  applied  the  proceeds  or  any  part 
thereof,  from  the  sale  of  any  stock  or  stock  certificate,  or 
bond,  note  or  other  evidence  of  indebtedness,  to  any  purpose 
not  specified  in  the  Commission's  order  or  to  any  ]nirpose 
specified  in  the  Commission's  order  in  excess  of  the  amount 
authorized  for  such  purpose,  or  who,  with  knowledge  that 
any  stock  or  stock  certificate,  or  bond,  note  or  other  evidence 
of  indebtedness,  has  been  issued  or  executed  in  violation  of 
any  of  the  provisions  of  this  Act,  negotiates,  or  causes  the 
same  to  be  negotiated,  shall,  on  conviction  thereof,  be  im- 
l)risoned  in  the  State  penitentiary  for  a  term  of  not  less  than 
two  years  and  not  more  than  ten  years. 

§  26.  No  i)rovisions  of  this  Act,  and  no  deed  or  act  done 
or  performed  under  or  in  connection  therewith,  shall  be  held 
or  construed  to  obligate  the  State  of  Illinois  to  pay  or  guar- 
antee, in  any  manner  whatsoever,  any  stock  or  stock  certifi- 
cate, or  bond,  note  or  other  evidence  of  indebtedness,  auth- 
orized, issued  or  executed  under  the  provisions  of  this  Act; 
nor  shall  it  be  held  or  construed  to  imply  any  validation  or 
approval  by  the  State  of  past  issues,  nor  that  past  or  future 
or  past  and  future  issues  represent  actual  value  of  property 


Sec.  26 


21 


owned  or  to  be  owned  by  a  public  utility  or  the  value  of  such 
property  for  rate  making  purposes. 

§  27.  Unless  the  consent  and  approval  of  the  Commission 
is  first  obtained : 

(a)  No  two  or  more  public  utilities  may  enter  into  con- 
tracts with  each  other  that  will  enable  such  public  utilities 
to  operate  their  lines  or  plants  in  connection  with  each  other ; 

(b)  Xo  public  utility  may  purchase,  lease,  or  in  any  other 
manner  acquire,  control,  direct  or  indirect,  over  the  fran- 
chises, licenses,  permits,  plants,  equipment,  business  or  other 
property  of  any  other  public  utility ; 

(c)  No  public  utility  may  assign,  transfer,  lease,  mort- 
gage, sell  or  otherwise  dispose  of  or  encumber  the  whole  or 
any  part  of  its  franchises,  licenses,  permits,  plant,  equipment, 
business,  or  other  property;  but  this  shall  not  be  construed 
to  prevent  the  sale,  lease,  assignment  or  transfer  by  any 
public  utility  of  any  tangible  personal  property  which  is  not 
necessary  or  useful  in  the  performance  of  its  duties  to  the 
public ; 

(d)  No  public  utility  may  by  any  means,  direct  or  indi- 
rect, merge  or  consolidate  its  franchises,  licenses,  permits, 
plants,  equipment,  business  or  other  property  with  that  of 
any  other  public  utility  ; 

(e)  No  public  utility  may  purchase,  acquire,  take  or  re- 
ceive any  stock,  stock  certificates,  bonds,  notes  or  other  evi- 
dences of  indebtedness  of  any  other  public  utility,  except 
with  the  consent  and  approval  of  the  Commission. 

The  proceedings  for  obtaining  the  authorization  of  the 
Commission  provided  for  in  this  section  shall  be  as  follows : 
There  shall  be  filed  with  the  Commission  a  petition,  joint  or 
otherwise,  as  the  case  may  be,  signed  and  verified  by  the 
president  and  secretary  of  the  respective  companies  or  by  the 
person  or  company,  as  the  case  may  be,  clearly  setting  forth 
the  object  and  purposes  desired,  and  setting  forth  the  full 
and  complete  terms  of  the  proposed  assignment,  transfer, 
lease,  mortgage,  purchase,  sale,  merger,  consolidation,  con- 
tract or  other  transaction,  as  the  case  may  be.  Upon  the 
filing  of  such  petition,  the  Commission  shall,  if  it  deems 
necessary,  fix  a  time  and  place  for  the  hearing  thereon. 
After  such  hearing,  or  in  case  no  hearing  is  required,  if  the 
Commission  is  satisfied  that  such  petition  should  reasonably 
be  granted,  and  that  the  public  will  be  convenienced  thereby, 
the  Commission  shall  make  such  order  in  the  premises  as  it 
may  deem  proper  and  as  the  circumstances  may  require, 
attaching  such  conditions  as  it  may  deem  proper,  and  there- 
upon it  shall  be  lawful  to  do  the  things  provided  for  in  such 
order.  The  Commission  shall  impose  such  conditions  as 
will  protect  the  interests  of  minority  and  preferred  stock- 
holders. 

Every  assignment,  transfer,  lease,  mortgage,  sale,  or  other 
disposition  or  encumbrance  of  the  whole  or  any  part  of  the 


Consent  of 
Commission 
Necessary 
in  Certain 
Cases. 


Procedure. 


Sec.  27 


99 


Acts  in 

Violation 

Void. 


Utility  Must 
Be  Illinois 
Corpora- 
tion. 


Foreign 
Corporation 
Not  Exempt. 


Commission 
Must  Ap- 
prove Con- 
tracts for 
Assignment 
of  Fran- 
chise, Etc. 


Valuations. 


Fee  for  Issu- 
ance of  Se- 
curities. 


Sec.  31 


francliises,  licenses,  permits,  plant,  equipment,  business  or 
other  property  of  any  public  utility,  or  any  merger  or  con- 
solidation thereof,  and  every  contract,  purchase  of  stock,  or 
other  transaction  referred  to  in  this  section,  made  otherwise 
than  in  accordance  with  an  order  of  the  Commission  author- 
izing the  same,  except  as  provided  in  this  section,  shall  be 
void.  The  provisions  of  this  section  shall  not  apply  to  any 
transactions  by  or  with  a  transportation  district  organized 
under  the  laws  of  this  State. 

§  28.  No  franchise,  license,  permit  or  right  to  own,  oper- 
ate, manage  or  control  any  public  utility,  except  common 
carriers  engaged  in  interstate  commerce  and  except  tele- 
graph or  telephone  companies  engaged  in  interstate  com- 
merce, shall  be  hereafter  granted  or  transferred  to  any 
grantee  or  transferee  other  than  a  corporation  duly  incor- 
porated under  the  laws  of  this  State. 

No  public  utility  shall  be  in  any  manner  exempt  from  the 
provisions  of  this  Act  because  or  by  virtue  of  the  fact  that  it 
may  be  or  may  have  been  incorporated  or  organized  under 
the  laws  of  another  state,  or  of  the  United  States,  or  of  a 
foreign  country. 

§  29.  No  franchise,  license,  permit  or  right  to  own,  oper- 
ate, manage  or  control  any  public  utility  shall  be  assigned, 
transferred  or  leased  nor  shall  any  contract  or  agreement 
with  reference  to  or  affecting  any  such  franchise,  license, 
permit  or  right  be  valid  or  of  any  force  or  effect  whatsoever, 
unless  such  assignment,  lease,  contract,  or  agreement  shall 
have  been  approved  by  the  Commission.  Such  permission 
shall  not  be  construed  to  revive  or  validate  any  lapse  or 
invalid  franchise,  license,  permit  or  right,  or  to  enlarge  or 
add  to  the  powers  and  privileges  contained  in  the  grant  of 
any  franchise,  license,  permit  or  right,  or  to  waive  any  for- 
feiture. 

The  provisions  of  this  section  shall  not  apply  to  any  trans- 
actions by  or  with  a  transportation  district  organized  under 
the  laws  of  this  State. 

§  30.  The  Commission  shall  have  power  to  ascertain  the 
value  of  the  property  of  every  public  utility  in  this  State  and 
every  fact  which  in  its  judgment  may  or  does  have  any 
bearing  on  such  value.  In  making  such  valuation  the  Com- 
mission may  avail  itself  of  any  information,  books,  docu- 
ments, or  records  in  the  possession  of  any  officer,  depart- 
ment or  board  of  the  State  or  any  subdivision  thereof.  The 
Commission  shall  have  power  to  make  revaluation  from  time 
to  time  and  also  to  ascertain  the  value  of  all  new  construc- 
tion, extensions,  and  additions  to  the  property  of  every 
public  utility. 

§31.  The  Commission  shall  charge  every  public  utility 
receiving  permission  under  this  Act  for  the  issue  of  bonds, 
notes  and  other  evidences  of  indebtedness  an  amount  equal 
to  ten  cents   for  every  hundred   dollars  of  such   securities 


23 

authorized  by  the  Commission,  and  the  same  shall  be  paid 

into  the  State  treasury  before  any  such  securities  shall  be 

issued :    Provided,  that  no  public  utility  shall  be  required  to      Exceptions. 

pay  any  fee  for  permission  granted  to  it  by  the  Commission 

in  any  of  the  following  cases : 

(1)  To  guarantee  bonds  or  other  securities. 

(2)  To  issue  bonds,  notes  or  other  evidences  of  indebted- 
ness issued  for  the  purpose  of  converting  ,  exchanging, 
taking  over,  refunding,  discharging  or  retiring  any  bonds, 
notes  or  other  evidences  of  indebtedness  except : 

(a)  When  issued  for  an  aggregate  period  of  longer  than 
two  years  for  the  purpose  of  converting,  exchanging,  taking 
over,  refunding,  discharging  or  retiring  any  note,  or  renew- 
als thereof,  issued  without  the  consent  of  the  State  Public 
Utilities  Commission  of  Illinois  or  the  Public  Utilities  Com- 
mission or  the  Illinois  Commerce  Commission. 

(b)  When  issued  for  the  purpose  of  converting,  exchang- 
ing, taking  over,  refunding,  discharging  or  retiring  bonds, 
notes  or  other  evidences  of  indebtedness  issued  prior  to  Jan- 
uary 1,  1914,  and  upon  which  no  fee  has  been  previously 
paid. 

Article  IV. 

Rates  and  Services — Accidents. 

§  32.  All  rates  or  other  charges  made,  demanded  or  re-      Rates  Must 
ceived  by  any  public  utility,  or  by  any  two  or  more  public      Be  Just  and 
utilities,  for  any  product  or  commodity  furnished  or  to  be      Reasonable. 
furnished  or   for  any  service 'rendered  or  to  be  rendered, 
shall  be  just  and  reasonable.     Every  unjust  or  unreasonable 
charge  made,  demanded  or  received  for  such  product  or 
commodity  or  service  is  hereby  prohibited  and  declared  un- 
lawful. 

Every  public  utility  shall  furnish,  provide  and  maintain      Adequate 
such  service,  instrumentalities,  equipment  and   facilities  as      Facilities. 
shall  promote  the  safety,  health,  comfort  and  convenience 
of  its  patrons,  employees,  and  the  public  and  as  shall  be  in 
all  respects  adequate,  efficient,  just  and  reasonable. 

All  rules  and  regulations  made  by  a  public  utility  affecting      5"'^^,  ^""^ 
or  pertaining  to  its  charges  or  service  to  the  public  shall  be      tions. 
just  and  reasonable. 

§  33.  Every  public  utility  shall  file  with  the  Commission      Schedules 
and  shall  print  and  keep  open  to  public  inspection  schedules      Published. 
showing   all    rates   and   other    charges,    and    classifications, 
which  are  in  force  at  the  time  for  any  product  or  commodity 
furnished  or  to  be  furnished  by  it,  or  for  any  service  per- 
formed by  it,  or  for  any  servdce  in  connection  therewith,  or 
performed  by  any  public  utility  controlled  or  operated  by  it. 
Every  public  utility  shall  file  with  and  as  a  part  of  such      Rules  Filed. 
schedule   and   shall   state   separately   all    rules,    regulations, 
terminal,  icing,  storage  or  other  charges,  privileges  and  con- 
Sec.  33 


24 

tracts  that  in  any  manner  affect  the  rates  charged  or  to  be 
charged  for  any  service.  Such  schedule  shall  be  filed  for 
all  services  performed  wholly  or  partly  within  this  State, 
and  the  rates  and  other  charges  and  classifications  shall  not, 
without  the  consent  of  the  Commission,  exceed  those  in 
effect  on  July  1,  1921.  But  nothing  in  this  section  shall  pre- 
vent the  Commission  from  approving  or  fixing  rates  or 
other  charges  or  classifications  from  tiine  to  time,  in  excess 
of  or  less  than  those  shown  by  said  schedules. 
Joint  Rates.  Where  a  schedule  of  joint  rates  or  other  charges,  or 
classifications  is  or  may  be  in  force  between  two  or  more 
public  utilities  such  schedules  shall  in  like  manner  be  printed 
and  filed  with  the  Commission,  and  so  much  thereof  as  the 
Commission  shall  deem  necessary  for  the  use  of  the  public 
shall  be  filed  in  every  station  or  office  of  such  public  utility 
in  accordance  with  the  terms  of  section  34  of  this  Act. 
Unless  otherwise  ordered  by  the  Commission  a  schedule 
showing  such  joint  rates  or  other  charges,  or  classifications 
need  not  be  filed  with  the  Commission  by  more  than  one  of 
the  parties  to  it :  Prozndcd,  that  there  is  also  filed  with  the 
Commission  a  concurrence  in  such  schedule  by  each  of  the 
other  parties  thereto. 
Service  Every  public  utility  shall  file  with  the  Commission  copies 

Contracts  of  all   contracts,    agreements   or   arrangements    with    other 

^''®*^'  public  utilities,  in  relation  to  any  service,  product  or  com- 

modity affected  by  the  provisions  of  this  Act,  to  which  it 
may  be  a  party,  and  copies  of  all  other  contracts,  agree- 
ments or  arrangements  with  any  other  person  or  corporation 
affecting  in  the  judgment  of  the  Commission  the  cost  to 
such  puljlic  utility  of  any  service,  product  or  commodity. 
Schedules  §  ^^-  Subject  to  such  rules  and  regulations  as  the  Com- 

piled, mission  may  prescribe,  the  schedules  referred  to  in  section 

Notice,  Etc.  33  shall  be  plainly  printed,  mimeographed  or  typewritten 
in  large  type,  and  a  copy  thereof  shall  be  posted  or  kept  on 
file  in  ever  station  or  office  of  a  public  utility  where  the 
public  transacts  business  with  such  public  utility.  Any  or 
all  of  such  schedules  kept  as  aforesaid  shall  be  immediately 
produced  by  such  public  utility  for  inspection  upon  the  de- 
mand of  any  person.  A  notice  printed  in  bold  type,  in  size 
prescribed  by  the  Commission,  stating  that  such  schedules 
are  on  file  with  the  agent  and  open  to  inspection  by  any  per- 
son, and  that  the  agent  will  assist  any  person  to  determine 
from  such  schedules  any  rates  or  other  charges,  classifica- 
tion, rules  or  regulations  in  force,  shall  be  kept  i)osted  by  the 
public  utility  in  two  public  and  consjMcuous  places  in  every 
Form  Pre-  f-wch  station  or  offfcc.  The  form  of  every  such  schedule 
scribed  by  shall  be  .prescribed  by  the  Commission  and  shall  conform  in 
Commis-  ^hc  case  of  common  carriers  subject  to  the  Act  of  Congress 

^'°""  entitled,  "An  Act  to  regulate  commerce."  approved  Febru- 

ary fourth,  eighteen  hundred  and  eighty-seven,  and  the  Acts 
amendatory  thereof  and  supplementary  thereto,  as  nearly  as 
Sec.  34        .  ' 


25 


may  be,  to  the  form  of  schedules  and  manner  of  posting  pre- 
scribed by  the  Interstate  Commerce  Commission  under  said 
Act:  Provided,  that  in  Heu  of  filing  the  entire  schedule  in 
each  station  or  office,  any  public  utility  may,  subject  to  the 
regulations  of  the  Commission,  file  or  keep  posted  at  such 
station  or  office,  schedules  of  such  rates  or  other  charges, 
classifications,  rules  and  regulations  relating  thereto,  as  are 
applicable  at,  to  and  from  the  place  where  such  office  is 
located. 

The  Commission  may  determine  and  prescribe  the  form 
in  which  the  schedules  required  by  this  Act  to  be  filed  with 
the  Commission  and  to  be  kept  open  to  public  inspection 
shall  be  prepared  and  arranged,  and  may  change  the  form 
from  time  to  time  if  it  shall  be  fovmd  expedient:  Provided, 
hozvever,  that  the  Commission  shall  endeavor  to  have  such 
form  or  forms  prescribed  by  it  conform  as  far  as  practicable 
to  any  similar  form  or  forms  prescribed  by  the  Interstate 
Commerce  Commission. 

§  35.  No  public  utility  shall  undertake  to  perform  any 
service  or  to  furnish  any  product  or  commodity  unless  or 
until  the  rates  and  other  charges  and  classifications,  rules 
and  regulations  relating  thereto,  applicable  to  such  service, 
product  or  commodity,  have  been  filed  and  published  in 
accordance  with  the  provisions  of  this  Act :  Provided,  that 
in  cases  of  emergency,  a  service,  product  or  commodity  not 
specifically  covered  by  the  schedules  filed,  may  be  performed 
or  furnished  at  a  reasonable  rate,  which  rate  shall  forthwith 
be  filed  and  shall  be  subject  to  review  in  accordance  with  the 
provisions  of  this  Act. 

§  36.  Unless  the  Commission  otherwise  orders,  no 
change  shall  be  made  by  any  public  utility  in  any  rate  or 
other  charge  or  classification,  or  in  any  rule,  regulation, 
practice  or  contract  relating  to  or  affecting  any  rate  or  other 
charge,  classification  or  service,  or  in  any  privilege  or 
facility,  except  after  thirty  days'  notice  to  the  Commission 
and  to  the  public  as  herein  provided.  Such  notice  shall  be 
given  by  filing  with  the  Commission  and  keeping  open  for 
public  inspection  new  schedules  or  supplements  stating 
plainly  the  "change  or  changes  to  be  made  in  the  schedule  or 
schedules  then  in  force,  and  the  time  when  the  change  or 
changes  will  go  into  effect,  and  by  publication  in  a  newspaper 
of  general  circulation  or  such  other  notice  to  persons  affected 
by  such  change  as  may  be  prescribed  by  rule  of  the  Com- 
mission. The  Commission,  for  good  cause  shown,  may 
allow  changes  without  requiring  the  30  days"  notice  herein 
provided  for,  by  an  order  specifying  the  changes  so  to  be 
made  and  the  time  when  they  shall  take  effect,  and  the  man- 
ner in  which  they  shall  be  filed  and  published. 

When  any  change  is  proposed  in  any  rate  or  other  charge, 
or  classification,  or  in  any  rule,  regulation,  practice,  or  con- 
tract,   relating   to   or   affecting   any   rate   or   other   charge, 


Rates  Must 
Be  Filed. 


Emergency 
Rates. 


Changes  in 
Rates  or 
Service. 


Notice. 


Proposed 
Changes  to 
Be  Indi- 
cated. 

Sec.  36 


26 

classification  or  service,  or  in  any  privilege  or  facility,  such 
proposed  change  shall  be  plainly  indicated  on  the  new  sched- 
ule filed  with  tlie  Commission,  by  some  character  to  be  des- 
ignated by  the  Commission,  immediately  preceding  or  fol- 
lowing the  item. 
Power  to  Whenever  there  shall  be  filed  with  the  Commission  any 

Investigate  schedule  stating  an  individual  or  joint  rate  or  other  charge, 
'^^*^®'  classification,  contract,  practice,  rule  or  regulation,  the  Com- 

mission shall  have  power,  and  it  is  hereby  given  authority, 
either  upon  complaint  or  upon   its  own  initiative   without 
complaint,  at  once,  and  if  it  so  orders,  without  answer  or 
other   formal  pleadings  by  the  interested  public  utility  or 
utilities,  but  upon  reasonable  notice,  to  enter  upon  a  hearing 
concerning  the  propriety  of  such  rate  or  other  charge,  classi- 
fication, contract,  practice,  rule  or  regulation,  and  pending 
the  hearing  and  the  decision  thereon,  such   rate  or  other 
charge,  classification,  contract,  practice,   rule  or  regulation 
Suspension       shall  not  go  into  effect.     The  period  of  suspension  of  such 
and  Re-sus-       j-ate  or  other  charge,  classification,  contract,  practice,  rule 
pension.  ^^  regulation  shall  not  extend  more  than  one  hundred  and 

twenty  days  beyond  the  time  when  such  rate  or  other  charge, 
classification,  contract,  practice,  rule  or  regulation  would 
otherwise  go  into  effect  unless  the  Commission,  in  its  discre- 
tion, extends  the  period  of  suspension  for  a  further  period 
Power  to  not  exceeding  six  months.     On  such  hearing  the  Commis- 

Fix  Rates.         sion  shall  establish  the  rates  or  other  charges,  classifications, 
contracts,  practices,  rules  or  regulations  proposed,  in  whole 
or  in  part,  or  others  in  lieu  thereof,  which  it  shall  find  to  be 
Rates  Not  just  and  reasonable.    All  such  rates  or  other  charges,  classi- 

Suspended  fications,  contracts,  practices,  rules  or  regulations  not  so 
Effective  in  suspended  shall,  on  the  expiration  of  thirty  days  from  the 
Days^  time  of  filing  the  same   with  the  Commission,  or  of  such 

lesser  time  as  the  Commission  may  grant,  go  into  eflFect  and 
be  the  established  and  effective  rates  or  other  charges,  classi- 
fications, contracts,  practices,  rules  and  regulations,  subject 
to  the  power  of  the  Commission,  after  a  hearing  had  on  its 
own  motion  or  upon  complaint,  as  herein  provided,  to  alter 
or  modify  the  same.  Within  thirty  days  after  such  changes 
have  been  authorized  by  the  Commission,  copies  of  the  new 
or  revised  schedules  shall  be  posted  or  filed  in  accordance 
with  the  terms  of  Section  34  of  this  Act,  in  such  a  manner 
that  all  changes  shall  be  plainly  indicated. 

Uniform  §  37.  Except  as  in  this  Act  otherwise  provided,  no  public 

Rate  as  utility  shall  charge,  demand,  collect  or  receive  a  greater  or 

Filed  to  Be  j^^^  ^j.  dififei-eiit  compensation  for  any  product,  or  commod- 
Onarged.  .         .        .  ,      ,  ,        r         •  i      i  {• 

ity  furnished  or  to  be  furnished,  or  for  any  service  ren- 
dered or  to  be  rendered,  than  the  rates  or  other  charges 
api^licable  to  such  product  or  commodity  or  service  as  speci- 
fied in  its  schedules  on  file  and  in  efi^cct  at  the  time,  except 
as  provided  in  Section  35,  nor  shall  any  such  public  utility 
refund  or  remit,  directly  or  indirectly,  in  any  manner  or  by 
Sec.  37 


Be  Permit- 
ted. 


27 

any  device,  any  portion  of  the  rates  or  other  charges  so 
specified,  nor  extend  to  any  corporation  or  person  any  form 
of  contract  or  agreement  or  any  rule  or  regulation  or  any 
facility  or  privilege  except  such  as  are  regularly  and  uni- 
formly extended  to  all  corporations  and  persons. 

§  38.  No  public  utility  shall,  as  to  rates  or  other  charges,      Discrimina- 
services,  facilities  or  in  any  other  respect,  make  or  grant  any      h-h"t''d°' 
preference  or  advantage  to  any  corporation   or  person  or      ,„  Rate's 
subject  any  corporation  or  person  to  any  prejudice  or  dis-      and  Service. 
advantage.     No  public  utility  shall  establish  or  maintain  any 
unreasonable  difference  as  to  rates  or  other  charges,  serv- 
ices,  facilities,   or  in   any  other  respect,  either  as  between 
localities  or  as  between  classes  of  service. 

Every  public  utility  shall,  upon  reasonable  notice,  furnish 
to  all  persons  who  may  apply  therefor  and  be  reasonably 
entitled  thereto,  suitable  facilities  and  service,  without  dis- 
crimination and  without  delay. 

§  39.  No  public  utility,  or  any  officer  or  agent  thereof,  or      Discrimina- 
any  person  acting  for  or  employed  by  it  shall  directly  or  in-      o°"n'^°l*f 
directly,  by  any  device  or  means  whatsoever,  suffer  or  per- 
mit any  corporation  or  person  to  obtain  any  service,  com- 
modity, or  product  at  less  than  the  rate  or  other  charge  then 
established  and  in  force  as  shown  by  the  schedules  filed  and     . 
in  effect  at  the  time.     No  person  or  corporation  shall,  di- 
rectly or   indirectly,   by   any   device   or   means   whatsoever, 
whether  with   or  without  the  consent  or  connivance   of  a 
public  utility  or  any  of  its  officers,  or  employees,  seek  to 
obtain  or  obtain  any  service,  commodity,  or  product  at  less 
than  the  rate  or  other  charge  then  established  and  in  force 
therefor.     Nothing  in  this  Act  contained  shall  be  construed      r.  r.  Trans- 
to  prevent   any   railroad   or  transportation    company    from      portation 
selling  or  granting  transportation   or  transportation  privi-      Exchanged 
leges  to  the  owner  or  owners  of  any  newspaper  or  maga-      space 
zine  of  general  circulation  in  payment  of  or  in  exchange  for 
advertising  space  in  such  newspaper  or  magazine,  at  the  full 
value  thereof ;  and  nothing  in  this  Act  contained  shall  be 
construed  to  prevent  the  issuance  of  free  or  reduced  trans- 
portation by  any  street  railroad  corporation  to  mail  carriers, 
policemen  and  members  of  fire  departments,  and  nothing  in 
this  Act  contained  shall  be  construed  to  prevent  any  railroad 
or  transportation  company  from  granting  reduced  rates  for      Reduced 
the  transportation  of  any  material  or  commodity  to  be  used      Highway 
in  the  construction,  maintenance  or  repair  of  public  high-      Material. 
ways  in  the  State.    If  prior  to  June  30,  1913,  any  real  estate 
or  other  tangible  property  shall  have  been  sold  or  transferred     anceTu'pon 
to  any  public  utility  or  public  service  corporation,  or  if  be-      Condition  of 
fore  that  date,  any  obligation  of  any  public  utility  or  public      Services  to 
service  corporation  created  in  consideration  of  the  transfer      ^^  Rendered 
to  it  of  any  real  estate  or  other  tangible  property,  shall  have     from"opera- 
been  released  or  cancelled,  upon  consideration  in  whole  or      tionofThis 
in  part  of  an  agreement  by  such  public  utility  or  public  ser-      Act. 

Sec.   39 


vice  corporation  expressed  in  writing  to  render  any  service, 
or  furnish  any  commodity  or  product  in  the  future  to  the 
party  or  parties  making  such  conveyance  or  transfer  or 
owning  such  obligation,  nothing  in  this  Act  contained  shall 
be  construed  to  in  any  wise  affect  such  agreement  or  to 
prevent  the  performance  or  enforcement  therof  according 
to  its  terms,  or  to  authorize  the  Commission  to  interfere 
with  such  performance  or  enforcement. 
Long  and  §40-  -^0  common  carrier  subject  to  the  provisions  of  this 

Short  Haul.  Act  shall  charge  or  receive  any  greater  compensation  in  the 
aggregate  for  the  transportation  of  persons  or  of  a  like  kind 
of  property  for  a  shorter  than  for  a  longer  distance  over  the 
the  same  line  or  route  in  the  same  direction  within  this 
State,  the  shorter  being  included  within  the  longer  distance, 
or  charge  any  greater  compensation  as  a  through  rate  than 
the  aggregate  of  the  intermediate  rates ;  but  this  shall  not 
be  construed  as  authorizing  any  such  common  carrier  to 
charge  or  receive  as  great  a  compensation  for  a  shorter  as 
Exceptions.  fQj-  ^  longer  distance  or  haul.  Upon  application  to  the 
Commission,  any  common  carrier,  may,  in  special  cases, 
after  investigation,  be  authorized  by  the  Commission  to 
charge  less  for  a  longer  than  for  a  shorter  distance  for  the 
transportation  of  persons  or  property  ,  and  the  Commission 
may  from  time  to  time  prescribe  the  extent  to  which  such 
carrier  may  be  relieved  from  the  operation  and  requirements 
of  this  section. 
Telephone.  ^^  telephone  or  telegraph  company  subject  to  the  provis- 

Long  and  ions  of  this  Aft  shall  charge  or  receive  any  greater  compen- 

Short  Haul        sation  in  the  aggregate   for  the  transmission  of  any  long 
Clause.  distance  message  or  conversation  for  a  shorter  than  for  a 

longer  distance  over  the  same  line  or  route  in  the  same 
direction,  within  the  State,  the  shorter  being  included  within 
the  longer  distance,  or  charge  any  greater  compensation  for 
a  through  service  than  the  aggregate  of  the  intermediate 
rate  or  tolls  ;  but  this  shall  not  be  construed  as  authorizing 
any  such  telephone  or  telegraph  company  to  charge  and  re- 
ceive as  great  a  compensation  for  a  shorter  as  for  a  longer 
Exceptions.  distance.  Upon  application  to  the  Commission,  a  telephone 
or  telegraph  company  may,  in  special  cases,  after  investiga- 
tion, be  authorized  by  the  Commission  to  charge  less  for  a 
longer  than  for  a  shorter  distance  service  for  the  transmis- 
sion of  messages  or  conversations,  and  the  Commission  may 
from  time  to  time  prescribe  the  extent  to  which  such  tele- 
phone or  telegraph  company  may  be  relieved  from  the  oper- 
ation and  requirements  of  this  section. 
General  No  other  public  utility  shall  without  the  consent  of  the 

Provisions.  Commission,  charge  or  receive  any  greater  compensation 
in  the  aggregate  for  a  lesser  commodity,  product,  or  service 
than  for  a  greater  commodity,  product  or  service  of  like 
character.  The  Commission  may  require  telephone  compa- 
nies to  file  with  it,  maps  or  plats  of  their  lines  in  this  State 

Sec.  40 


29 

and  schedules  showing  the  direct  routing  of  all  messages 
over  their  lines  between  points  in  this  State  ;  and  may,  upon 
investigation,  fix  such  rates  based  upon  distance  and  service. 

§  41.  Whenever  the  Commission,  after  a  hearing  had  upon  Power  to 
its  own  motion  or  upon  complaint,  shall  find  that  the  rates  ^■'^  Rates, 
or  other  charges,  or  classifications,  or  any  of  them,  demand- 
ed, observed,  charged  or  collected  by  any  public  utility  for 
any  service  or  product  or  commodity,  or  in  connection 
therewith,  including  the  rates  or  fares  for  excursion  or  com- 
mutation tickets,  or  that  the  rules,  regulations,  contracts, 
or  practices,  or  any  of  them,  affecting  such  rates  or 
other  charges,  or  classifications,  or  any  of  them,  are 
unjust,  unreasonable,  discriminatory  or  preferential,  or  in 
any  wise  in  violation  of  any  provisions  of  law,  or  that  such 
rates  or  other  charges  or  classifications  are  insufficient,  the 
Commission  shall  determine  the  just,  reasonable  or  sufficient 
rates  or  other  charges,  classifications,  rules,  regulations, 
contracts  or  practices  to  be  thereafter  observed  and  in  force, 
and  shall  fix  the  same  by  order  as  hereinafter  provided. 

The  Commission  shall  have  power,  upon  a  hearing,  had 
upon  its  own  motion  or  upon  complaint,  to  investigate  a 
single  rate  or  other  charge,  classification,  rule,  regulation, 
contract  or  practice,  or  any  number  thereof,  or  the  entire 
schedule  or  schedules  of  rates  or  other  charges,  classifica- 
tions, rules,  regulations,  contracts  and  practices,  or  any 
thereof  of  any  public  utility,  and  to  establish  new  rates  or 
other  charges,  classifications,  rules,  regulations,  contracts 
or  practices  or  schedule  or  schedules,  in  lieu  thereof.  Noth- 
ing in  this  section  or  Act  shall  be  construed  to  repeal  "An  Passenger 
Act  to  establish  and  regulate  the  maximum  rate  of  charges  r^ir  Vx- 
for  the  transportation  of  passengers  by  corporations  or  cepted. 
companies  operating  or  controlling  railroads  in  part  or  in 
whole  in  this  State,  and  to  provide  penalties  for  the  violation 
of  the  provisions  thereof,  and  repealing  all  Acts  and  parts 
of  Acts  in  conflict  therewith,"  approved  May  27,  1907,  in 
force  July  1,  1907. 

§  42.  Whenever  the  Commission  after  a  hearing  had  upon 
its  own  motion  or  upon  complaint,  shall  find  that  the  rates 
or  other  charges  or  classifications  in  force  over  two  or  more 
common  carriers,  between  any  two  points  in  this  State,  are 
unjust,  unreasonable,  or  excessive,  or  that  no  satisfactory 
through  route  or  joint  rate  or  other  charge,  or  classification 
exists  between  such  points,  and  that  the  public  convenience 
and  necessity  demand  the  establishment  of  a  thorough  route 
and  joint  rate  or  other  charge,  or  classification  between  such 
points,  the  Commission  may  order  such  common  carriers  to 
establish  such  through  route  and  may  establish  and  fix  a 
joint  rate  or  other  charge,  or  classification  which  will  be  just 
and  reasonable,  to  be  followed,  charged,  enforced,  demanded 
and  collected  in  the  future,  and  the  terms  and  conditions 
under  which  such  through  route   shall  be  operated.     The 

Sec.  42 


Joint  Rates. 


30 


Freight 
Transfers. 


Division  of 
Rates. 


Routing 

Shipments. 


Joint  Rates 
in  General. 


Interstate 
Rates — 
Power  to 
Investigate. 


Petition  to 
Interstate 
Commerce 
Commis- 
sion. 

Common 
Carriers  to 
interchange 
Passengers 
and  Freight. 


Commission  may  order  that  freij:?ht  moving  between  such 
points  shall  be  carried  by  the  different  common  carriers, 
parties  to  such  through  route  and  joint  rate,  without  being 
transferred  from  the  originating  cars.  In  case  the  common 
carriers  do  not  agree  upon  the  division  between  them  of  the 
joint  rates  or  other  charges  established  by  the  Commission 
over  such  through  routes,  the  Commission  shall,  after  hear- 
ing, by  supplemental  order,  establish  such  division.  Where 
any  railroad  which  is  made  a  i)arty  to  a  through  route  has 
itself  over  its  own  line  an  equally  satisfactory  through  route 
between  the  termini  of  the  through  route  established,  such 
railroad  shall  have  the  right  to  require  as  its  division  of  the 
joint  rate  or  other  charge  its  local  rate  or  other  charge  over 
the  portion  of  its  lines  comprised  in  such  through  route,  and 
the  Commission  may,  in  its  discretion,  allow  to  such  railroad 
more  than  its  local  rate  or  other  charge  whenever  it  will  be 
equitable  so  to  do.  The  shipper  shall  have  the  right  to  route 
his  freight  whenever  through  rate  shall  have  been  estab- 
lished either  by  the  Commission  or  by  the  common  carrier. 

The  Commission  shall  also  have  power,  after  a  hearing 
had  upon  its  own  motion  or  upon  complaint,  to  order  any 
other  public  utilities  to  establish  and  fix  reasonable  and 
sufficient  joint  rates  or  other  charges,  or  classifications.  In 
case  such  public  utilities  do  not  agree  upon  the  division  be- 
tween them  of  such  joint  rates  or  other  charges  the  Com- 
mission shall,  after  hearing,  establish  such  division  by  sup- 
plemental order. 

§  43.  The  Commission  shall  have  the  power  to  investigate 
all  existing  or  proposed  inter-state  rates  or  other  charges,  and 
classifications,  and  all  rules  and  practices  in  relation  thereto, 
of  any  public  utility,  where  any  act  in  relation  thereto  shall 
take  place  within  this  State ;  and  when  the  same  are.  in  the 
opinion  of  the  Commission,  excessive  or  discriminatory  or  in 
violation  of  the  Act  of  Congress  entitled,  "An  Act  to  regu- 
late commerce,"  approved  February  fourth,  eighteen  hun- 
dred and  eighty-seven,  and  the  Acts  amendatory  thereof 
and  supplementary  thereto,  or  of  any  other  Act  of  Congress, 
or  in  conflict  with  the  rulings,  orders  or  regulations  of  the 
Interstate  Commerce  Commission,  the  Commission  may 
api)ly  by  petition  or  otherwise  to  the  Interstate  Commerce 
Commission  or  to  any  court  of  competent  jurisdiction  for 
relief. 

§  44.  Every  common  carrier  shall  afford  all  reasonable, 
proper  and  equal  facilities  for  the  prompt  and  efficient  inter- 
change and  transfer  of  passengers,  tonnage  and  cars,  loaded 
or  empty,  between  the  lines  owned,  operated,  controlled  or 
leased  by  it  and  the  lines  of  every  other  common  carrier,  and 
shall  make  such  interchange  and  transfer  promptly  without 
discrimination  between  shippers,  passengers  or  carriers 
either  as  to  compensation  charged,  service  rendered  or  facil- 
ities afforded.     Every  railroad  company  shall  receive  from 


Sec.  44 


31 


every  other  railroad  company  having  the  same  guage  track, 
at  any  point  of  connection,  freight  cars  of  proper  standard 
and  in  proper  condition,  and  shall  haul  the  same  either  to 
tlestination,  if  the  destination  be  upon  a  line  owned,  operated 
or  controlled  by  such  railroad  company,  or  to  point  of  trans- 
fer according  to  route  billed,  if  the  destination  be  upon  the 
line  of  some  other  railroad  company.  But  nothing  in  this 
Act  shall  be  construed  as  requiring  any  common  carrier  to 
give  the  use  of  its  terminal  facilities  to  another  common 
carrier  engaged  in  like  business. 

Every  telephone  company  and  telegraph  company  oper- 
ating in  this  State  shall  receive,  transmit  and  deliver,  with- 
out discrimination  or  delay,  the  conversations  and  messages 
of  every  other  telephone  or  telegraph  company  with  which 
a  joint  rate  has  been  established  or  with  whose  line  a  phys- 
ical connection  may  have  been  made. 

§  45.  Every  railroad  company,  upon  the  application  of 
any  corporation  or  person  ,being  a  shipper  or  receiver  or 
contemplated  shipper  or  receiver  of  freight,  or  of  any  cor- 
poration, person  or  municipal  corporation  owning,  operating 
or  controlling  any  wharf  or  harbor  facilities,  for  a  connec- 
tion between  the  railroad  of  such  railroad  company  and  any 
existing  or  contemplated  track,  tracks  or  railroad  of  such 
corporation,  person  or  municipal  corporation,  shall  make 
such  connection  and  provide  such  switches  and  tracks  as 
may  be  necessary  for  that  purpose  and  deliver  and  receive 
cars  thereover:  Provided,  that  such  connection  is  reason- 
ably practicable  and  can  be  installed  and  used  without  mate- 
rially increasing  the  hazard  of  the  operation  of  the  railroad 
with  which  such  connection  is  sought,  and  that  the  business 
which  may  reasonably  be  expected  to  be  received  by  such 
railroad  company  over  such  connection  is  sufficient  to  justify 
the  expense  of  such  connection  to  such  railroad  company. 

Under  the  conditions  specified  in  the  above  proviso  every 
railroad  company,  upon  the  application  of  any  corporation 
or  person,  being  a  shipper  or  receiver  or  conteniplated 
shipper  or  receiver  of  freight,  shall  construct  upon  its  right 
of  way  a  spur  or  spurs  for  the  purpose  of  receiving  and  de- 
livering freight  thereby,  and  shall  receive  and  deliver  freight 
thereby. 

Whenever  the  Commission,  after  a  hearing  had  upon  its 
own  motion  or  upon  complaint,  shall  find  that  application 
has  been  made  by  any  corporation  or  person  to  a  railroad 
company  for  a  connection  or  spur  as  provided  in  this  sec- 
tion, and  that  the  railroad  company  has  refused  to  provide 
such  connection  or  spur  and  that  the  applicant  is  entitled 
to  have  the  same  provided  for  him,  such  connection  or  spur 
and  the  maintenance  and  use  of  the  same  upon  reasonable 
terms  which  the  Commission  shall  have  the  power  to  pre- 
scribe. Whenever  any  such  connection  or  spur  has  been  so 
provided,  any  corporation  or  person  shall  be  entitled  to  con- 


Terminal 
Facilities 
Excepted. 

Telephone 
Cos.  to  In- 
terchange 
Messages. 


Physical 
Connection 
Between 
Railroads. 


Spur 
Tracks. 


Commission 
Authorized 
to  Order 
Spur 
Tracks. 


Connection 
with  Spur 
Tracks. 

Sec.  45 


32 


Physical 
Connections 
Between 
Railroads. 

Street 
Railways- 


Physical 
Connection 
Between 
Telephone 
or  Tele- 
graph Cos. 


Joint  Use 
of  Facilities. 


Sec.  48 


nect  with  the  track,  tracks  or  railroad  thereby  connected 
with  the  railroad  of  the  railroad  company,  and  to  use  the 
same  or  to  use  the  spur  so  provided  upon  payment  to  the 
party  or  parties  incurring  the  primary  expenses  of  such 
track,  tracks  or  railroad,  or  the  connection  therewith  or  of 
such  spur,  of  a  reasonable  proportion  of  the  cost  thereof  to 
be  determined  by  the  Commission  after  notice  to  the  inter- 
ested parties  and  a  hearing-  thereon :  Proinded,  that  such 
connection  and  use  can  be  made  without  unreasonable  inter- 
ference with  the  rights  of  the  party  or  parties  incurring  such 
primary  expense.  The  Commission  shall  likewise  have  the 
power  to  require  one  railroad  company  to  switch  its  private 
spurs  and  industrial  tracks  upon  its  own  railroad  the  cars 
of  a  connecting  railroad  company  and  to  prescribe  the  terms 
and  compensation  for  such  service. 

§  46.  Whenever  the  Commission  shall  find,  after  a  hear- 
ing made  upon  complaint  or  upon  its  own  motion,  that  the 
public  convenience  and  necessity  would  be  subserved  by 
having  track  connections  made,  between  any  two  or  more 
railroads,  or  between  any  two  or  more  street  railroads,  the 
Commission  shall  order  any  such  railroads  or  street  rail- 
roads of  the  same  or  similar  guage  to  make  physical  con- 
nection at  any  and  all  crossings,  and  at  all  points  where  a 
railroad  shall  begin  or  terminate  at  or  near  any  other  rail- 
road, and  at  all  towns  or  cities  where  two  or  more  railroads 
enter  the  limits  of  the  same,  so  that  the  cars  of  any  such 
railroad  company  may  be  speedily  transferred  from  one 
railroad  to  another,  and  shall  order  whether  the  expense 
thereof  shall  be  borne  jointly  or  otherwise. 

§  47.  Whenever  the  Commission,  after  a  hearing  had 
upon  its  own  motion  or  upon  complaint,  shall  determine 
that  public  convenience  and  necessity  require  a  physical 
connection  for  the  establishment  of  a  continuous  line  of 
communication  between  any  two  or  more  public  utilities 
for  the  conveyance  of  messages  or  conversations,  the  Com- 
mission may,  by  order,  require  that  such  connection  be 
made.  If  such  public  utilities  do  not  agree  upon  the  divi- 
sion between  them  of  the  cost  of  such  physical  connection 
or  connections,  the  Commission  shall  have  authority,  after 
further  hearing,  to  establish  such  division  by  supplemental 
order. 

§  48.  Whenever  the  Commission,  after  a  hearing  had 
upon  its  own  motion  or  upon  complaint,  shall  find  that 
public  convenience  and  necessity  require  the  use  by  one 
public  utility  of  the  conduits,  subways,  tracks,  wires,  poles, 
pipes  or  other  property  or  equipment,  or  any  part  thereof, 
on,  over  or  under  any  street  or  highway,  belonging  to  an- 
other public  utility,  and  that  such  use  will  not  prevent  the 
owner  or  other  users  thereof  from  performing  their  public 
duties  nor  result  in  irreparable  injury  to  such  owner  or 
other  users  of  such  conduits,  subways,  tracks,  wires,  poles, 


33 


pipes  or  other  property  or  equipment,  or  in  any  substantial 
detriment  to  the  service,  and  that  such  pubHc  utiHties  have 
failed  to  agree  upon  such  use  or  the  terms  and  conditions 
or  compensation  for  the  same,  the  Commission  may,  by 
order,  direct  that  such  use  be  permitted  and  prescribe  a 
reasonable  compensation  and  reasonable  terms  and  condi- 
tions for  such  joint  use.  If  such  use  be  directed,  the  public 
utility  to  whom  the  use  is  permitted  shall  be  liable  to  the 
owner  or  other  users  of  such  conduits,  subways,  tracks, 
wires,  poles,  pipes  or  other  property  or  equipment,  for  such 
damage  as  may  result  therefrom  to  the  property  of  such 
owner  or  other  users  thereof. 

§  49.  Whenever  the  Commission,  after  a  hearing  had 
upon  its  own  motion  or  upon  complaint,  shall  find  that  the 
rules,  regulations,  practices,  equipment,  appliances,  facili- 
ties or  service  of  any  public  utility,  or  the  methods  of  manu- 
facture, distribution,  transmission,  storage  or  supply  em- 
ployed by  it,  are  tmjust,  unreasonable,  unsafe,,  improper, 
inadequate  or  insufficient,  the  Commission  shall  determine 
the  just,  reasonable,  safe,  proper,  adequate  or  sufficient 
rules,  regulations,  practices,  equipment,  appliances,  facili- 
ties, service  or  methods  to  be  observed,  furnished,  con- 
structed, enforced  or  employed  and  it  shall  fix  the  same  by 
its  order,  decision,  rule  or  regulation.  The  Commission 
shall  prescribe  rules  and  regulations  for  the  performance 
of  any  service  or  the  furnishing  of  any  commodity  of  the 
character  furnished  or  supplied  by  any  public  utility. 

§  50.  Whenever  the  Commission,  after  a  hearing  had 
upon  its  own  motion  or  upon  complaint,  shall  find  that 
additions,  extensions,  repairs  or  improvements  to,  or 
changes  in,  the  existing  plant,  equipment,  apparatus,  facili- 
ties or  other  physical  property  of  any  public  utility  or  of 
any  two  or  more  public  utilities  ought  reasonably  to  be 
made,  or  that  a  new  structure  or  structures  should  be 
erected,  to  promote  the  security  or  convenience  of  its  em- 
ployees or  the  public,  or  in  any  other  way  to  secure  adequate 
service  or  facilities,  the  Commission  shall  make  and  serve 
an  order  directing  that  such  additions,  extensions,  repairs, 
improvements  or  changes  be  made,  or  such  structure  or 
structures  be  erected  in  the  manner  and  within  the  time 
specified  in  said  order.  If  any  additions,  extensions,  re- 
pairs, improvements  or  changes,  or  any  new  structvtre  or 
structures  which  the  Commission  has  ordered  to  be  erected, 
require  joint  action  by  two  or  more  public  utilities,  the 
Commission  shall  notify  the  said  public  utilities  that  such 
additions,  extensions,  repairs,  improvements  or  changes  or 
new  structure  or  structures  have  been  ordered  and  that  the 
same  shall  be  made  at  the  joint  cost  whereupon  the  said 
public  utilities  shall  have  such  reasonable  time  as  the  Com- 
mission may  grant  within  which  to  agree  upon  the  appor- 
tionment or  division  of  cost  of  such  additions,  extensions. 


Power  to 
Fix  Rules 
and  Regula- 
tions. 


Extensions 
and  Im- 
provennents. 


Joint 

Action  Re- 
quired. 


Sec.  50 


34 


Apportion- 
ment of 
Expenses. 


Additional 
Transporta- 
tion Facili- 
ties. 


Change  in 
Time  Table. 


Distribution 
of  Cars. 


Preference 
to  Live 
Stock  and 
Perishables. 

Demurrage, 
Storage  and 
Icing  Rates. 


Sec.  52 


repairs,  improvements  or  changes  or  new  structure  or 
structures,  which  each  shall  bear.  If  at  the  expiration  of 
such  time  such  public  utilities  shall  fail  to  file  with  the 
Commission  a  statement  that  an  agreement  has  been  made 
for  a  division  or  apportionment  of  the  cost  or  expense  of 
such  additions,  extensions,  repairs,  improvements  or 
changes,  or  new  structure  or  structures,  the  Commission 
shall  have  authority,  after  further  hearing,  to  make  an  order 
fixing  the  proportion  of  such  cost  or  expense  to  be  borne 
by  each  public  utility  and  the  manner  in  which  the  same 
shall  be  paid  or  secured. 

§  51.  Whenever  the  Commission  after  a  hearing  had 
upon  its  own  motion  or  upon  complaint,  shall  find  that  any 
railroad  or  street  railroad  company  does  not  run  a  sufficient 
number  of  trains  or  cars,  or  possess  or  operate  sufficient 
motive  power,  reasonably  to  accommodate  the  traffic,  pas- 
senger, or  freight,  transported  by  or  offered  for  transpor- 
tation to  it,  or  does  not  run  its  trains  or  cars  with  sufficient 
frequency  or  at  a  reasonable  or  proper  time  having  regard 
to  safety,  or  does  not  stop  the  same  at  proper  places,  or 
does  not  run  any  train  or  trains,  car  or  cars,  upon  a  reason- 
able time  schedule  for  the  run,  the  Commission  shall  have 
power  to  make  an  order  directing  any  such  railroad  or 
street  railroad  company  to  increase  the  number  of  its  trains 
or  of  its  cars  or  its  motive  power  or  to  change  the  time  for 
starting  its  trains  or  cars  or  to  change  the  time  schedule 
for  the  run  of  any  train,  or  car.  to  change  the  stopping 
place  or  places  thereof,  or  to  make  any  other  order  that 
the  Commission  may  determine  to  be  reasonably  necessary 
to  accommodate  and  transport  the  traffic,  passenger,  or 
freight,  transported  or  offered  for  transportation. 

§  52.  Every  railroad  company  shall,  w'hen  within  its 
power  to  do  so,  and  upon  reasonable  notice,  furnish  suit- 
able cars  to  any  and  all  persons  who  may  apply  therefor, 
for  the  transportation  of  any  and  all  kinds  of  freight  in  car- 
load lots,  and  shall  use  reasonable  diligence  in  moving 
freight  and  making  deliveries  thereof.  In  case  of  insutii- 
ciency  of  cars  at  any  time  to  meet  all  requirements,  such 
cars  as  are  available  shall  be  distributed  among  the  several 
applicants  therefor  in  proportion  to  their  respective  imme- 
diate requirements  without  discrimination  between  ship- 
pers, localities  or  competitive  or  non-competitive  places : 
Provided,  hozvever,  that  preference  may  be  given  to  ship- 
ments of  live  stock  and  perishable  property.  The  Commis- 
sion, after  a  hearing  upon  its  own  motion  or  upon  com- 
plaint, may  issue  orders  concerning  the  distribution  of  cars. 

The  Commission  shall  have  power  to  fix  and  establish 
reasonable  rates,  rules  and  regulations  regarding  demur- 
rage, storage,  icing  and  all  other  charges  incident  to  the 
transportation  of  property,  and  to  fix  and  establish  reason- 
able switching  rules  and  regulations,  and  to  establish  rea- 


35 


sonable  limits  for  said  switching  and  reasonable  rates  there- 
for; and  shall  have  power  to  provide  proper  rules  and 
regulations  regarding  the  time  within  which  all  railroads 
shall  furnish  after  demand  therefor,  all  cars,  equipment 
and  facilities  necessary  for  the  handling  of  freight,  in  car- 
load and  less  than  carload  lots,  the  time  within  which  con- 
signors and  persons  ordering  cars  shall  load  the  same,  and 
the  time  within  which  consignees  and  persons  to  whom 
freight  may  be  consigned  shall  unload  and  discharge  the 
same  and  receive  freight  from  the  freight  rooms,  and  to 
provide  penalties  to  be  paid  for  failure  on  the  part  of  the 
railroads,  consignors  and  consignees  to  conform  to  such 
rules.  The  Commission  shall  also  have  the  power  to  pro- 
vide the  time  within  which  express  packages  shall  be  re- 
ceived, gathered,  transported  and  delivered  at  destination, 
and  the  limits  within  which  express  packages  shall  be  gath- 
ered and  distributed  and  telegraph  and  telephone  messages 
delivered  without  extra  charge. 

The  Commission  shall  have  power  to  enforce  reasonable 
regulations  for  the  weighing  of  cars,  and  of  freight  offered 
for  shipment  over  any  line  of  railroad,  and  to  test  the 
weights  made  by  any  railroad  and  scales  used  in  weighing 
freight  on  cars. 

§  53.  The  Commission  is  authorized  to  make  rules  and 
regulations  concerning  the  conditions  to  be  contained  in 
and  become  a  part  of  contracts  for  public  utility  services, 
and  any  and  all  services  concerning  the  same,  or  connected 
therewith. 

The  Commission  shall  have  authority  to  prescribe  a  form 
of  receipt  for  each  shipment  by  express,  also  a  form  of 
receipt  for  moneys  paid  for  charges  for  the  transportation 
by  express  of  any  article  or  thing,  to  be  given  upon  receipt, 
or  upon  the  payment  of  such  charges. 

Upon  demand  of  a  shipper  each  receiving  or  forwarding 
express  company  shall  be  required  to  furnish  a  receipt  or 
other  evidence  in  writing,  in  such  form  as  may  be  pre- 
scribed by  or  approved  by  said  Commission,  stating  the 
quantity,  character,  weight,  order  and  condition  of  goods 
or  articles  tendered  for  shipment,  and  said  express  com- 
panies shall  in  like  manner  execute  and  furnish  upon  de- 
mand a  receipt  for  the  charges  paid  on  any  shipment,  which 
shall  cover  substantially  the  following  items :  Date  of  ship- 
ment, name  of  consignor,  name  of  connecting  line  or  ex- 
press company,  name  or  description  of  each  article  or 
package  covered  by  or  in  such  receipt ;  the  graduated  scale 
or  rate  employed  in  making  the  rate  or  charge  on  such 
article  or  package,  separately;  the  amount  of  charge  on 
each  article  or  package ;  the  amount  of  advanced  charges 
(if  any)  ;  the  sum  total  of  charges  to  be  paid  by  the  con- 
signee. And  any  such  express  company  is  hereby  prohib- 
ited from  including  in  any  such  receipt  for  shipments  to 


Switching 
Rates. 


Rules  Gov- 
erning Ex- 
press Com- 
panies. 
Telephone 
and  Tele- 
graph Mes- 
sages. 

Regulation 
of  Freight 
Weights. 


Rules  Gov- 
erning Con- 
tracts. 


Receipt 
Forms. 


Express  Co. 

Receipt 

Forms. 


Restriction 
of  Liability. 

Sec.  53 


36 


Standard 
Units  of 
Service. 


Testing 
Service. 


Inspection 
of  Testing 
Service. 


Consumers 
May  Have 
Test  iVIade. 

Fees  for 
Tests. 

Power  to 
Enter  for 
Purpose  of 
Test. 


Meter 
Cards. 

Sec.  54a 


be  made  any  restriction  or  evasion  of  tlie  common  law  lia- 
bility of  such  carrier. 

§  54.  The  Commission  shall  have  power  to  ascertain, 
determine  and  fix  for  each  kind  of  public  utility  suitable 
and  convenient  standard  commercial  units  of  service,  prod- 
uct or  commodity,  which  units  shall  be  lawful  units  for  the 
purposes  of  this  Act;  to  ascertain,  determine  and  fix  ade- 
quate and  serviceable  standards  for  the  measurements  of 
quantity,  quality,  pressure,  initial  voltage  or  other  condi- 
tion pertaining  to  the  performing  of  its  service  or  to  the 
furnishing  of  its  product  or  commodity  by  any  public  utility, 
and  to  prescribe  reasonable  regulations  for  examining, 
measuring  and  testing  such  service,  product  or  commodity, 
and  to  establish  reasonable  rules,  regulations,  specifications 
and  standards  to  secure  the  accuracy  of  all  meters  and 
appliances  for  examining,  measuring,  or  testing  such  serv- 
ice, product  or  commodity.  The  Commission  may  purchase 
such  materials,  apparatus  and  standard  measuring  instru- 
ments as  it  deems  necessary  to  carry  out  the  provisions  of 
this  section. 

The  Commission  shall  provide  for  the  inspection  of  the 
manner  in  which  every  public  utility  conforms  to  the  rea- 
sonable regulations  prescribed  by  the  Commission  for  exam- 
ining, measuring  and  testing  its  service,  product  or  com- 
modity, and  the  Commission  may  supplement  such  inspec- 
tions by  examining,  measuring  and  testing  the  service,  prod- 
uct or  commodity  of  any  public  utility.  Any  consumer  or 
user  may  have  tested  any  appliance  for  examining,  measur- 
ing or  testing  any  such  service,  product  or  commodity  upon 
payment  of  the  fees  fixed  by  the  Commission.  The  Com- 
mission shall  declare  and  establish  reasonable  fees  to  be 
paid  for  examining  and  testing  such  appliances  on  the  re- 
quest of  consumers  or  users,  the  fee  to  be  paid  by  the  con- 
sumer or  user  at  the  time  of  his  request,  but  to  be  paid  by 
the  public  utility  and  repaid  to  the  consumer  or  user  if  the 
measuring  appliance  be  found  unreasonably  defective  or  in- 
correct to  the  disadvantage  of  the  consumer  or  user. 

The  Commissioner,  its  officers,  agents,  experts  or  inspec- 
tors and  employees  shall  have  power  to  enter  upon  any 
premises  occupied  by  any  public  utility  for  the  purpose  of 
making  the  examinations  and  tests  provided  in  this  Act, 
and  to  set  up  and  use  on  such  premises,  any  apparatus  and 
appliances  and  occupy  reasonable  space  therefor. 

§  54a.  The  Commission  shall  require  that  every  public 
utility  furnishing  natural  or  artificial  gas,  electricity  or 
water  to  the  public,  where  the  individual  consumption  is 
measured  by  meter,  shall,  upon  written  request  of  any  con- 
sumer, cause  the  meter  reader  at  tlie  time  of  reading  such 
consumer's  meter  to  leave  at  such  meter  a  card  showing 
the  present  reading  of  the  meter,  the  last  previous  reading, 
and  the  dates  of  such  two  readings. 


37 


§  55.  No  public  utility  shall  begin  the  construction  of  any 
new  plant,  equipment,  property  or  facility  which  is  not  in 
substitution  of  any  existing  plant,  equipment,  property  or 
facihty  or  in  extension  thereof  or  in  addition  thereto,  unless 
and  until  it  shall  have  obtained  from  the  Commission  a 
certificate  that  public  convenience  and  necessity  require 
such  construction. 

No  public  utility  not  owning  any  city  or  village  franchise 
nor  engaged  in  performing  any  public  service  or  in  furnish- 
ing any  product  or  commodity  within  this  State  and  not 
possessing  a  certificate  of  public  convenience  and  necessity 
from  the  State  Public  Utilities  Commission  or  the  Public 
Utilities  Commission,  at  the  time  this  Act  goes  into  efifect 
shall  transact  any  business  in  this  State  until  it  shall  have 
obtained  a  certificate  from  the  Commission  that  public  con- 
venience and  necessity  require  the  transaction  of  such 
business. 

Whenever  after  a  hearing  the  Commission  determines 
that  any  new  construction  or  the  transaction  of  any  busi- 
ness by  a  public  utility  will  promote  the  public  convenience 
and  is  necessary  thereto  it  shall  have  the  power  to  issue 
certificates  of  public  convenience  and  necessity. 

Such  certificates  may  be  altered  or  modified  by  the  Com- 
mission, upon  its  own  motion  or  upon  application  by  the 
person  or  corporation  affected.  Unless  exercised  within  a 
period  of  two  years  from  the  grant  thereof  authority  con- 
ferred by  a  certificate  of  convenience  and  necessity  issued 
by  the  Commission  shall  be  null  and  void. 

No  certificate  of  public  convenience  and  necessity  shall 
be  construed  as  granting  a  monopoly  or  an  exclusive  privi- 
lege, immunity  or  franchise. 

§  55a.  No  person  shall  operate  any  motor  vehicle,  along 
or  upon  any  public  street  or  highway  in  this  State,  for  the 
carriage  of  passengers  for  hire,  indiscriminately  accepting 
and  discharging  such  persons  as  may  offer  themselves  for 
transportation,  along  the  course  on  which  such  vehicle  is 
operated,  or  for  the  carriage  of  freight  for  hire,  indiscrim- 
inately accepting  and  delivering  such  freight,  as  may  be 
offered  for  transportation  along  such  course,  unless  he 
shall— 

(1)  File  with  the  Commission,  a  sworn  statement  of  his 
ability  to  pay  all  damages  which  may  result  from  any  and 
all  accidents  due  to  the  negligent  use  or  operation  of  such 
vehicle ;  or 

(2)  File  with  the  Commission  security,  indemnity  or  a 
bond  guaranteeing  the  payment  by  him  of  all  such  dam- 
ages; or 

(3)  Insure  to  a  reasonable  amount  his  liability  to  pay 
such  damages ;  and  unless  he  shall 

(4)  File  with  the  Commission,  as  often  as  the  Commis- 
sion shall  in  writing  demand,   in   form  prescribed  by  the 


Certificate  of 
Convenience 
and  Neces- 
sity. 


Power  to 
Issue  Cer- 
tificate. 


Alteration 
of  Certifi- 
cate. 

Void  if  Not 
Used  in  Two 
Years. 

Grants  No 
Monopoly. 


Motor 
Vehicle  In- 
surance or 
Indemnity 
Bond. 


Sec.  55a 


38 

Commission,  evidence  of  his  compliance  with  the  provisions 
of  this  section. 
Two  or  "^^cl   in   case   one   person   operates   two   or   more   motor 

More  Vehi-        vehicles  for  such  purpose  or  purposes,  he  shall  file  proof 
cies.  of  his  ability  to  pay  damages,  or  security,   indemnity  or 

bond  or  insurance  against  damages,  to  the  amount  of  ten 
thousand  dollars  ($10,000)  for  each  motor  vehicle  so  oper- 
ated, and  shall  make  such  proof  or  furnish  such  security, 
indemnity,  bond  or  insurance  to  cover  all  the  motor  vehicles 
at  one  and  the  same  time. 
Bond  or  Ins.  §  55b.  The  sworn  statement  of  financial  ability,  security, 

to  Be  Ap-  indemnity,  bond  or  amount  of  insurance,  shall  be  subject 

proved.  ^^  ^-^e  approval  of  the  Commission,  and  upon  the  approval 

thereof,  the  Commission  shall  send  a  written  notice  of  such 
approval  to  the  person  submitting  the  same  for  approval. 
The  filing  with  the  Commission  of  evidence  of  compliance 
with  Section  55a  of  this  Act  shall  constitute  such  compli- 
ance until  ten  days  after  written  notice  of  disapproval 
thereof  has  been  sent  by  the  Commission  to  the  person 
submitting  such  evidence. 
Approval  §  55c.  When  ever  the  Commission  refuses  to  approve  the 

Refused —         sworn   statement  of  financial   ability,    security,   indemnity, 
Appeal.  bond  or  amount  of  insurance,  above  mentioned,  the  person 

presenting  such  for  approval  may,  within  thirty  days  there- 
after, file  a  petition  in  the  circuit  court  of  Sangamon 
County,  against  the  Commission  as  defendant,  alleging 
therein  under  oath  and  in  brief  detail,  the  plaintiff's  right 
to  operate  such  motor  vehicle  in  the  manner  mentioned  in 
Section  55a  hereof,  and  praying  that  the  Commission  be 
required  to  approve  such  sworn  statement  of  financial  abil- 
ity, security,  indemnity,  bond  or  amount  of  insurance.  The 
court  may  make  such  orders  and  decrees  as  the  equities  and 
exigencies  of  the  case  may  require.  Judgment  against  the 
plaintifif  shall  be  final,  but  shall  not  bar  his  right  to  file  new 
statements  or  documents  under  the  provisions  of  this  Act. 
Accident  §  56.  Every  public  utility  shall  file  with  the  Commission, 

Reports  to         under  such  rules  and  regulations  as  the  Commission  may 
Be  Filed.  prescribe,  a  report  of  every  accident  occurring,  or  that  may 

occur,  to  or  on  its  plant,  equipment,  or  other  property  of 
such  a  nature  as  to  endanger  the  safety,  health  or  property 
of  any  person:  Whenever  any  accident  occasions  the  loss 
of  life  or  limb  to  any  person,  such  public  utility  shall  imme- 
diately give  notice  to  the  Commission  of  the  fact  by  the 
speediest  means  of  communication,  whether  telephone,  tele- 
graph or  post. 
Investiga-  The  Commission  shall  investigate  all  accidents  occurring 

tion  of  Acci-      within  this  State  upon  the  property  of  any  public  utility  or 
dents.  directly  or  indirectly  arising  from  or  connected  with   its 

maintenance  or  operation,  resulting  in  loss  of  life  or  injury 
to  person  or  property  and  requiring,  in  the  judgment  of  the 
Commission,  investigation  by  it,  and  shall  have  the  power 

Sec.  56 


39 


to  make  such  order  or  recommendation  with  respect  thereto 
as  in  its  judgment  may  seem  just  and  reasonable.  Neither 
the  order  or  recommendation  of  the  Commission  nor  any 
accident  report  filed  with  the  Commission  shall  be  admitted 
in  evidence  in  any  action  for  damages  based  on  or  arising 
out  of  the  loss  of  life,  or  injury  to  person  or  property,  in 
this  section  referred  to. 

§  57.  The  Commission  shall  have  power,  after  a  hearing 
and  upon  its  own  motion,  or  upon  complaint,  by  general  or 
special  orders,  rules  or  regulations,  or  otherwise,  to  require 
every  public  utility  to  maintain  and  operate  its  plant,  equip- 
ment or  other  property  in  such  manner  as  to  promote  and 
safeguard  the  health  and  safety  of  its  employees,  passengers, 
customers,  and  the  public,  and  to  this  end  to  prescribe 
among  other  things,  the  installation,  use,  maintenance  and 
operation  of  appropriate  safety  or  other  devices  or  appli- 
ances including  interlocking  and  other  protective  devices 
at  grade  crossings  or  junctions  and  block  or  other  systems 
of  signaling,  to  establish  uniform  or  other  standards  of 
equipment,  and  to  require  the  perfonnance  of  any  other  act 
which  the  health  or  safety  of  its  employees,  passengers, 
customers  or  the  public  may  demand. 

Whenever  it  shall  come  to  the  knowledge  of  the  Commis- 
sion that  the  equipment  or  appliances,  or  the  apparatus, 
track,  bridges,  trestles  or  other  structures  of  any  common 
carrier  are  out  of  repair  or  in  an  unsafe  condition,  it  shall, 
after  an  investigation,  give  notice  in  writing  to  the  common 
carrier  of  the  improvements  and  changes  deemed  necessary 
to  place  the  same  in  a  safe  condition,  and  shall  recommend 
to  the  common  carrier  that  it  make  such  repairs,  changes, 
improvements  or  new  constructions  as  the  Commission  shall 
deem  necessary  to  the  safety  of  persons  and  property  being 
transported  thereon.  The  Commission  shall  give  such  com- 
mon carrier  an  opportunity  for  a  full  hearing,  and  unless 
the  common  carrier  shall  satisfy  the  Commission  that  no 
action  is  required  to  be  taken  with  respect  to  any  or  all  of 
such  matters  the  Commission  shall  fix  a  time  within  which 
repairs,  changes,  improvements  or  new  construction  deemed 
by  it  necessary  shall  be  made.  The  Commission  may  also 
prescribe  the  rate  of  speed  for  trains  or  cars  passing  over 
defective  tracks,  bridges,  trestles  or  other  structures  until 
repairs  or  new  construction  required  are  made;  and  may, 
if,  in  its  opinion,  it  is  needful  or  proper,  forbid  the  running 
of  trains  or  cars  over  any  defective  track,  bridge,  trestle 
or  other  structure  until  the  same  be  repaired  and  placed  in  a 
safe  condition. 

§  58.  No  public  road,  highway,  or  street  shall  hereafter 
be  constructed  across  the  track  of  any  railroad  company  at 
grade,  nor  shall  the  track  of  any  railroad  company  be  con- 
structed across  a  public  road,  highway  or  street  at  grade, 
nor  shall  the  track  of  any  railroad  company  be  constructed 


Reports  Not 
Evidence  in 
Damage 
Suit. 


Safety 
Rules  and 
Regulations. 


Safety 
Devices — 
Interlock- 
ers,  Etc. 


Repairs  May 
Be  Ordered. 


Speed  Rules 
on  Defective 
Tracks. 


Highway 

Grade 

Crossings. 


Sec.  58 


40 


Existing 
Roads,  Etc. 


Powers  of 

Commission 

Over. 


Abolishing 

Grade 

Crossings. 

Separation 
of  Grades. 


Division  of 
Costs. 


Crossings, 
Reconstruc- 
tion, Reloca- 
tion or  Im- 
provement. 


Terms. 
Apportion- 
ment of 
Costs. 


across  the  track  of  any  other  railroad  or  street  railroad 
company  at  grade,  nor  shall  the  track  of  a  street  railroad 
company  be  constructed  across  the  track  of  a  railroad  com- 
pany at  grade,  without  having  first  secured  the  permission 
of  the  Commission.  Provided,  that  this  section  shall  not 
apply  to  the  replacement  of  lawfully  existing  roads,  high- 
ways and  tracks.  The  Commission  shall  have  the  right  to 
refuse  its  permission  or  to  grant  it  upon  such  terms  and 
conditions  as  it  may  prescribe.  The  Commission  shall  have 
power  to  determine  and  prescribe  the  manner,  including 
the  particular  point  of  crossing,  and  the  terms  of  installa- 
tion, operation,  maintenance,  use  and  protection  of  each 
such  grade  crossing. 

The  Commission  shall  also  have  power,  after  a  hearing, 
to  alter  or  abolish  any  grade  crossing,  heretofore  or  here- 
after established,  when  in  its  opinion  the  public  safety  re- 
quires such  alteration  or  abolition;  or  to  require  a  separa- 
tion of  grades  at  such  crossings ;  or  to  require  a  separation 
of  grades  at  any  proposed  crossing  where  a  proposed  public 
highway  may  cross  the  tracks  of  any  railroad  or  railroads; 
and  to  prescribe,  after  a  hearing  of  the  parties,  the  terms 
upon  which  such  separation  shall  be  made  and  the  propor- 
tion in  which  the  expense  of  the  alteration  or  abolition  of 
such  crossings  or  the  separation  of  such  grades  shall  be 
divided  between  the  railroad  or  street  railroad  companies 
affected,  or  between  such  companies  and  the  State,  county," 
municipality  or  other  public  authority  in  interest :  Provided, 
that  nothing  in  this  Act  shall  be  construed  to  repeal  "an 
Act  in  relation  to  the  crossing  of  one  railroad  by  another," 
approved  May  25,  1907,  in  force  July  1,  1907. 

The  Commission  shall  also  have  power  by  its  order  to 
require  the  reconstruction,  alteration,  relocation  or  improve- 
ment of  any  crossing  (including  the  necessary  highway 
approaches  thereto)  of  any  railroad  across  any  highway 
or  public  road,  whether  such  crossing  be  at  grade  or  by 
overhead  structure  or  by  subway,  whenever  the  commission 
finds  after  a  hearing  that  such  reconstruction,  alteration, 
relocation  or  improvement  is  necessary  to  preserve  or  pro- 
mote the  safety  of  the  public  or  of  the  employees  or  pas- 
sengers of  such  railroad.  By  its  original  order  or  supple- 
mental orders  in  such  case,  the  Commission  may  direct  such 
reconstruction,  alteration,  relocation  or  improvement  to  be 
made  in  such  manner  and  upon  such  terms  and  conditions 
as  may  be  reasonable  and  necessary  and  may  apportion  the 
cost  of  such  reconstruction,  alteration,  relocation  or  im- 
provement between  the  railroad  company  or  companies  and 
other  public  utilities  affected,  or  between  such  company  or 
companies  and  other  public  utilities  and  the  State,  county, 
municipality,  or  other  public  authority  in  interest.  The  cost 
to  be  so  apportioned  shall  include  the  cost  of  changes  or 
alterations  in  the  equipment  of  other  public  utilities  affected 


Sec.  58 


41 


as  well  as  the  cost  of  the  relocation,  diversion  or  establish- 
ment of  any  public  highway,  made  necessary  by  such  re- 
construction, alteration,  relocation  or  improvement  of  said 
crossing. 

Whenever  the  Commission,  after  a  hearing,  shall  find  it 
necessary  for  the  reconstruction,  alteration,  relocation  or 
improvement  of  any  such  crossing  or  its  necessary  ap- 
proaches as  aforesaid,  or  for  the  abolishment  of  any  such 
crossing,  to  relocate,  divert,  or  establish  any  highway  or 
public  road,  or  to  acquire  additional  property  for  any  such 
purpose,  it  may  direct  the  railroad  company  or  companies 
to  acquire,  and  the  railroad  company  or  companies  shall 
acquire,  the  necessary  additional  property  for  such  pur- 
poses by  purchase  or,  when  the  price  to  be  paid  can  be 
agreed  upon  with  the  owner  thereof,  in  the  manner  pro- 
vided by  the  law  of  eminent  domain;  or  the  Commission 
may  certify  such  finding  to  the  highway  commissioners  of 
the  town  or  road  district  concerned.  Every  railroad  com- 
pany operating  in  the  State  of  Illinois  shall  construct  and 
maintain  every  highway  grade  crossing  over  its  tracks  within 
the  State  so  that  the  roadway  at  the  intersection  shall  be 
flush  with  the  rails,  and,  unless  otherwise  ordered  by  the 
Commission,  shall  construct  and  maintain  the  approaches 
thereto  at  a  grade  of  not  more  than  five  (5)  per  cent  within 
the  right  of  way  for  a  distance  of  not  less  than  twenty-five 
(25)  feet  on  each  side  of  such  tracks;  provided,  that  the 
grades  at  the  approaches  may  be  maintained  in  excess  of 
five  (5)  per  cent  only  when  authorized  by  the  Commission. 

Every  railroad  operating  within  the  State  of  Illinois 
shall  remove  from  its  right  of  way  at  all  gTade  crossings 
within  the  State,  all  brush,  shrubbery  and  trees  for  a  dis- 
tance of  not  less  than  five  hundred  (500)  feet  in  either 
direction  from  each  grade  crossing. 

Every  railroad  operating  within  the  State  of  Illinois 
shall  maintain  in  a  conspicuous  place  at  every  grade 
crossing  on  its  lines  in  this  State  outside  of  cities  on  both 
sides  of  the  tracks  except  when  otherwise  ordered  and 
at  such  points  as  directed  by  the  Illinois  Commerce  Com- 
mission within  the  right  of  way  of  such  railroad,  at  grade 
crossings  not  designated  as  extra  hazardous  by  the  Com- 
mission such  standard  signs  as  the  Illinois  Commerce  Com- 
mission shall  determine. 

At  all  such  grade  crossings  in  the  State  as  may  be  des- 
ignated by  the  Commission  as  extra  hazardous,  but  at  no 
others,  every  railroad  operating  within  the  State  of  Illi- 
nois shall,  within  thirty  days  after  the  issuance  of  an 
order  by  the  Illinois  Commerce  Commission  directing  it 
so  to  do,  erect  and  thereafter  maintain  such  standard  stop 
signs  as  said  Commission  shall  determine  are  necessary, 
provided  that  no  such  sign  shall  be  ordered  or  permitted 
by  the  Commission  where  there  is  a  clear  view  from  the 


Power  to 
Order  Util- 
ity to  Ac- 
quire Real 
Estate. 


Grade 

Crossing 

Approaches. 


Obstruc- 
tions Re- 
moved. 


Crossing 
Signs. 


Extra 

Hazardous 

Crossings. 


Sec.  58 


42 


Night 
Lights. 


Defacing 
Signs — 
Penalty. 


Eminent 
Domain. 


highway  of  approaching  trains  on  such  railroad  tracks 
for  at  least  five  hundred  (500;  feet  in  eacli  direction  from 
the  crossing  at  all  points  on  the  highway  within  a  distance 
of  two  hundred  (200)  fegt  of  such  crossing.  The  Com- 
mission shall  have  power  to  require  such  signs  to  be 
lighted  at  night  or  to  be  accompanied  by  red  warning 
lights  whenever  in  the  opinion  of  the  (commission  such 
additional  precautions  are  reasonably  necessary  for  the 
public  safety. 

Ajiy  person  who  unlawfully  removes,  throws  down,  in- 
jures or  defaces  any  sign  required  in  this  section,  shall  be 
liable  to  a  fine  of  not  less  than  ten  dollars  ($10.00)  nor 
more  than  one  hundred  dollars  (.$100.00)  for  each  offense. 

§  59.  "When  necessary  for  the  construction  of  any  alter- 
ations, additions,  extensions  or  improvements  ordered  or 
authorized  under  sections  50  or  58  or  subdivision  (a)  of 
section  81  of  this  Act,  any  public  utility  may  enter  upon, 
take  or  damage  private  property  in  the  manner  provided 
for  bv  the  law  of  eminent  domain. 


Hearings 
Authorized. 


Rules  of 

Evidence 

NotBinding. 

No  Error  in 
Informality. 


Hearings 
Public. 

Oaths, 
Power  to 
Administer. 

Subpoenas, 
Etc. 


Hearings, 
by  Whom 
Held. 


Article  V. 
Proceedings  Before  the  Commission  and  in  the  Courts. 

§  60.  The  Commission,  or  any  commissioner,  assistant 
commissioner,  or  officer  of  the  Commission  desig-nated  by 
the  Commission,  shall  have  power  to  hold  investigations, 
inquiries  and  hearings  concerning  any  matters  covered  by 
the  ])rovisions  of  this  Act,  or  by  any  other  Acts,  relating  to 
public  utilities  subject  to  such  rules  and  regulations  as  the 
Commission  may  establish.  In  the  conduct  of  any  investi- 
gation, inquiry  or  hearing"  neither  the  Commission  nor  any 
commissioner,  assistant  commissioner  or  officer  of  the  Com- 
mission shall  be  bound  by  the  technical  rules  of  evidence, 
and  no  informality  in  any  proceeding  or  in  the  manner  of 
taking  testinwny  before  the  Commission,  any  commissioner, 
assistant  commissioner  or  an  officer  of  the  Commission  shall 
invalidate  any  order,  decision,  rule  or  regulation  made,  ap- 
proved, or  confirmed  by  the  Commission.  All  hearings  con- 
ducted by  the  Commission  shall  be  open  to  the  public. 

Each  commissioner,  each  assistant  conunissioner,  the  sec- 
retary of  the  Commission,  and  every  officer  of  the  Commis- 
sion designated  by  it  to  hold  any  inquiry,  investigation  or 
hearing,  shall  have  the  power  to  administer  oaths  and 
affirmations,  certify  to  all  official  acts,  issue  subpoenas,  com- 
pe\  the  attendance  and  testimony  of  witnesses,  and  the  pro- 
duction of  papers,  books,  accounts  and  documents. 

Hearings  shall  be  held  either  by  the  Commission  or  by  one 
or  more  commissioners,  or  assistant  conunissioners.  All 
evidence  presented  at  hearings  held  l)y  the  Conunission  or 
under  its  authority  shall  become  a  part  of  the  records  of  the 
Commission.     In  all  cases  in  which  the  Commission  bases 


Sec.  60 


43 


any  action  on  reports  of  investigations  or  inquiries  not  con- 
ducted as  hearings,  such  reports  shall  be  made  a  part  of  the 
records  of  the  Commission. 

§  61.  No  person  shall  be  excused  from  testifying  or  from 
producing  any  papers,  books,  accounts  or  documents  in  any 
investigation  or  inquiry  or  upon  any  hearing  ordered  by  the 
Commission  when  ordered  to  do  so  by  the  Commission  .or 
any  commissioner,  assistant  commissioner,  or  officer  of  the 
Commission,  upon  the  ground  that  the  testimony  or  evi- 
dence, documentary  or  otherwise,  may  tend  to  incriminate 
him  or  subject  him  to  a  penalty  or  forfeiture.  But  no  per- 
son shall  be  prosecuted  or  subjected  to  any  penalty  or  for- 
feiture for  or  on  account  of  any  transaction,  matter  or  thing 
concerning  which  he  may  testify  or  produce  evidence,  docu- 
mentary or  otherwise,  before  the  Commission  or  a  commis- 
sioner, assistant  commissioner,  or  an  officer  of  the  Commis- 
sion :  Provided,  that  such  immunity  shall  extend  only  to  a 
natural  person,  who  in  obedience  to  a  subpoena,  gives  testi- 
mony under  oath  or  produces  evidence,  documentary  or  oth- 
erwise under  oath.  No  person  so  testifying  shall  be  exempt 
from  prosecution  and  punishment  for  perjury  committed  in 
so  testifying. 

§  62.  All  subpoenas  issued  under  the  terms  of  this  Act 
may  be  served  by  any  person  of  full  age.  The  fees  of  wit- 
nesses for  attendance  and  travel  shall  be  the  same  as  fees 
of  witnesses  before  the  circuit  courts  of  this  State,  such  fees 
to  be  paid  when  the  witness  is  excused  from  further  attend- 
ance, when  the  witness  is  subpcenaed  at  the  instance  of  the 
Commission,  or  any  commissioner  or  assistant  commis- 
sioner ;  and  the  disbursements  made  in  the  payment  of  such 
fees  shall  be  audited  and  paid  in  the  same  manner  as  are 
other  expenses  of  the  Commission.  Whenever  a  subpoena 
is  issued  at  the  instance  of  a  complainant,  respondent,  or 
other  party  to  any  proceeding  before  the  Commission,  the 
Commission  may  require  that  the  cost  of  service  thereof 
and  the  fee  of  the  witness  shall  be  borne  by  the  party  at 
whose  instance  the  witness  is  summoned,  and  the  Commis- 
sion shall  have  power,  in  its  discretion,  to  require  a  deposit 
to  cover  the  cost  of  such  service  and  witness  fees  and  the 
payment  of  the  legal  witness  fee  and  mileage  to  the  witness 
when  served  with  subpoena.  A  subpoena  issued  as  aforesaid 
shall  be  served  in  the  same  manner  as  a  subpoena  issued  out 
of  a  court  of  record. 

Any  person  who  shall  be  served  with  a  subpoena  to  appear 
and  testify,  or  to  produce  books,  papers,  accounts  or  docu- 
ments, issued  by  the  Commission  or  by  any  commissioner, 
assistant  commissionr  or  officer  of  the  Commission,  in  the 
course  of  an  inquiry,  investigation  or  hearing  conducted 
under  any  of  the  provisions  of  this  Act,  and  who  shall  refuse 
or  neglect  to  appear,  or  to  testify,  or  to  produce  books, 
papers,   accounts   and   documents   relevant  to   said   inquiry. 


Reports 
Part  of 
Record. 

No  Excuse 
from  Testi- 
fying. 


Incrimina- 
tion. 

Immunity 

from 

Prosecution. 


Perjury. 


Subpoena, 
by  Whom 
Served. 
Witness 
Fees. 


Costs. 


Service  of 
Subpoenas. 

Failure  of 
Witness  to 
Appear. 


Sec.  62 


44 


Misde- 
meanor. 

Compelling 
Witness  to 
Testify. 


Contempt. 
Depositions. 


Document- 
ary Evi- 
dence. 


Inspection 
of  Books 
and  Prop- 
erty of 
Utility. 


Examina- 
tion Under 
Oatli. 


Record 
Kept. 

Not  Evi- 
dence  in 
Any  Other 
Proceeding. 

Right  of 
Party  to 
Inspect 
Records. 

Sec.  63 


investigation  or  hearing  as  commanded  in  such  subpoena, 
shall  be  guilty  of  a  misdemeanor. 

Any  circuit  court  of  this  State,  or  any  judge  thereof, 
either  in  term  time  or  vacation,  upon  application  of  the 
Commission,  or  a  commissioner,  assistant  commissioner  or 
officer  of  the  commission,  may,  in  his  discretion,  compel  the 
attendance  of  witnesses,  the  production  of  books,  j^apers, 
accounts  and  documents,  and  the  giving  of  testimony  before 
the  Commission,  or  before  any  such  commissioner,  assistant 
commissioner,  or  officer,  by  an  attachment  for  contempt  or 
otherwise,  in  the  same  manner  as  production  of  evidence 
may  be  compelled  before  said  court. 

The  Commission  or  a  commissioner,  assistant  commis- 
sioner, or  officer  of  the  Commission  or  any  party  may  in  any 
investigation  or  hearing  before  the  Commission,  cause  the 
deposition  of  witnesses  residing  within  or  without  the  State 
to  be  taken  in  the  manner  prescribed  by  law  for  like  deposi- 
tions in  civil  actions  in  the  courts  of  this  State  and  to  that 
end  may  compel  the  attendance  of  witnesses  and  the  produc- 
tion of  papers,  books,  accounts  and  documents. 

The  Commission  may  require,  by  order  served  on  any 
public  utility  in  the  manner  provided  herein  for  the  service 
of  orders,  the  production  within  this  State  at  such  time  and 
place  as  it  may  designate,  of  any  books,  accounts,  papers  or 
documents  kept  by  any  public  utility  operating  within  this 
State  in  any  office  or  place  without  this  State,  or,  at  its 
option,  verified  copies  in  lieu  thereof,  so  that  an  examination 
thereof  may  be  made  by  the  Commission  or  under  its  direc- 
tion. 

§  63.  The  Commission,  each  commissioner,  assistant  com- 
missioner and  each  officer  and  employee  of  the  Commission 
properly  authorized  thereby  shall  have  the  right,  at  any  and 
all  times  to  inspect  the  papers,  books,  accounts  and  docu- 
ments, plant,  equipment  or  other  property  of  any  public  util- 
ity, and  the  Commission,  each  commissioner,  assistant  com- 
missioner, and  any  officer  of  the  Commission  authorized  to 
administer  oaths  shall  have  power  to  examine  under  oath 
any  officer,  agent  or  employee  of  such  public  utility  in  rela- 
tion to  any  matter  within  the  jurisdiction  of  the  Commission. 
A  person  other  than  a  commissioner,  or  assistant  commis- 
sioner demanding  such  inspection  shall  produce  under  the 
seal  of  the  Commission  his  authority  to  make  such  inspec- 
tion. A  written  record  of  the  testimony  or  statement  so 
given  under  oath  shall  be  made  and  filed  with  the  Commis- 
sion. Information  so  obtained  shall  not  be  admitted  in  evi- 
dence or  used  in  any  proceeding  except  in  proceedings  pro- 
vided for  in  this  Act. 

Any  party  to  a  proceeding  before  the  Commission  shall 
have  the  right  to  inspect  the  records  of  all  hearings,  investi- 
gations or  inquiries  conducted  by  or  under  the  authority  of 
the  Commission,  which  may  relate  to  the  issues  involved  in 


45 


such  proceeding ;  and  to  submit  suggestions  as  to  other  mat- 
ters to  be  investigated  or  as  to  questions  to  be  propounded. 
If  the  Commission  is  satisfied  that  such  suggested  investi- 
gation should  be  made  or  such  suggested  questions  an- 
swered, and  that  the  information  desired  is  within  the  power 
of  either  party  to  furnish,  it  shall  enter  an  order  requiring 
the  investigation  to  be  made  or  the  questions  to  be  answered, 
and  upon  failure  or  refusal  to  comply  with  such  order,  the 
Commission  shall  either  refuse  to  grant  the  relief  prayed 
for  by  the  party  refusing  to  comply,  or  may  grant  the  relief 
prayed  for  by  the  opposing  party  against  the  party  refusing 
to  comply. 

§  64.  Complaint  may  be  made  by  the  Commission,  of  its 
own  motion  or  by  any  person  or  corporation,  chamber  of 
commerce,  board  of  trade,  or  any  industrial,  commercial, 
mercantile,  agricultural  or  manufacturing  society,  or  any 
body  politic  or  municipal  corporation  by  petition  or  com- 
plaint in  writing,  setting  forth  any  act  or  things  done  or 
omitted  to  be  done  in  violation,  or  claimed  to  be  in  violation, 
of  any  provision  of  this  Act,  or  of  any  order  or  rule  of  the 
Commission.  In  the  discretion  of  the  Commission  , matters 
presented  by  one  complaint  may  be  ordered  separated,  and 
matters  upon  which  complaint  may  be  founded  may  be 
joined.  No  objection  shall  be  sustained  to  a  separation 
merely  because  the  matters  separated  are  under  the  owner- 
ship, control  or  management  of  the  same  persons  or  corpo- 
ration. No  complaint  shall  be  dismissed  because  of  the  ab- 
sence of  direct  damage  to  the  complainant. 

Upon  the  filing  of  a  complaint  the  Commission  shall  cause 
a  copy  thereof  to  be  served  upon  the  person  or  corporation 
complained  of  which  shall  be  accompanied  by  a  notice  re- 
quiring that  the  complaint  be  satisfied  and  answered  within 
a  reasonable  time  to  be  specified  by  the  Commission,  or 
within  the  discretion  of  the  Commission,  by  a  notice  fixing 
a  time  when  and  place  where  a  hearing  will  be  had  upon 
such  complaint.  Notice  of  the  time  and  place  shall  also  be 
given  to  the  complainant  and  to  such  other  persons  as  the 
Commission  shall  deem  necessary.  The  "Commission  shall 
have  authority  to  hear  and  investigate  any  complaint  not- 
withstanding the  fact  that  the  person  or  corporation  com- 
plained of  may  have  satisfied  the  complaint. 

The  time  fixed  for  such  hearing  shall  not  be  less  than  ten 
days  after  the  date  of  the  service  of  such  notice  and  com- 
plaint except  as  herein  provided.  Service  in  all  hearings, 
investigations,  and  proceedings  before  the  Commission  may 
be  made  upon  any  person  upon  whom  a  summons  may  be 
served  in  accordance  with  the  provisions  of  ''An  Act  in  re- 
lation to  practice  and  procedure  in  courts  of  record,"  ap- 
proved June  3,  1907,  in  force  July  1,  1907,  and  may  be  made 
personally  or  by  mailing  same  in  the  United  States  mail  in 
a  sealed  envelope,   registered,  with  postage  prepaid.     The 


Complaint — 
By  Whom 
Made. 


Separation 
and  Consoli- 
dation of 
Cases. 


Direct 
Damage  Un- 
necessary. 

Service  of 
Complaint. 


Notice  of 
Hearings. 
Service. 


Sec.  64 


46 


Applies  to 
All  Hear- 
ings. 

Public 
Utility  as 
Complain- 
ant. 

City  as 
Complain- 
ant. 


Notice  to 
Be  Given 
Cities. 

Service 
Upon  City 
Clerk  and 
City  Atty. 

Hearing  on 
Complaint. 


Order 
Served. 


When 
Operative. 


Additional 

Time. 


Record  to 
Be  Pre- 
served. 

Stenogra- 
pher. 

Record  on 
Appeal. 


Sec.  65 


provisions  of  this  section  as  to  notice  shall  apply  to  all  hear- 
ings held  by  the  Commission  or  under  its  authority. 

Any  public  utility  shall  have  a  right  to  complain  on  any 
of  the  grounds  upon  which  complaints  are  allowed  to  be 
filed  by  other  parties,  and  the  same  procedure  shall  be 
adopted  and  followed  as  in  other  cases. 

All  cities  shall  have  power  to  appear  as  complainants  or 
to  make  application  before  the  Illinois  Commerce  Commis- 
sion for  an  inquiry,  investigation  or  hearing  relating  to  the 
rates  or  other  charges  or  services  of  public  utilities  within 
such  city ;  and  in  case  of  any  inquiry,  investigation  or  hear- 
ing by  or  before  the  Illinois  Commerce  Commission  on  any 
matter  relating  to  the  rates  or  other  charges  or  services 
within  any  city,  the  city  shall  receive  written  notice  not  less 
than  ten  days  before  such  inquiry,  investigation  or  hearing, 
and  shall  be  entitled  to  appear  and  present  evidence  relating 
to  the  subject-matter  of  such  inquiry,  investigation  or  hear- 
ing. Such  notice  shall  be  served  upon  the  city  clerk,  and 
upon  the  city  attorney  or  head  of  the  law  department  of  the 
city. 

§  65.  At  the  time  fixed  for  any  hearing  upon  a  complaint, 
the  complainant  and  the  person  or  corporation  complained 
of,  and  such  persons  or  corporations  as  the  Commission  may 
allow  to  intervene,  shall  be  entitled  to  be  heard  and  to  intro- 
duce evidence.  The  Commission  shall  issue  process  to  en- 
force the  attendance  of  all  necessary  witnesses.  At  the  con- 
clusion of  such  hearing  the  Commission  shall  make  and 
render  findings  concerning  the  subject-matter  and  facts  in- 
quired into  and  enter  its  order  based  thereon.  A  copy  of 
such  order,  certified  under  the  seal  of  the  Commission,  shall 
be  served  upon  the  person  or  corporation  complained  of,  or 
his  or  its  attorney,  which  order  shall,  of  its  own  force,  take 
effect  and  become  operative  twenty  days  after  the  service 
thereof,  except  as  otherwise  provided,  and  shall  continue  in 
force  either  for  a  period  which  may  be  designated  therein  or 
until  changed  or  abrogated  by  the  Commission.  Where  an 
order  cannot,  in  the  judgment  of  the  Commission,  be  com- 
plied with  within  twenty  days,  the  Commission  may  pre- 
scribe such  additional  time  as  in  its  judgment  is  reasonably 
necessary  to  comply  with  the  order,  and  may,  on  application 
and  for  good  cause  shown,  extend  the  time  for  compliance 
fixed  in  its  order.  A  full  and  complete  record  shall  be  pre- 
served of  all  proceedings  had  before  the  Commission,  or  any 
member  thereof,  or  any  assistant  commissioner,  on  any 
formal  hearing  had,  and  all  testimony  shall  be  taken  down 
by  a  stenographer  appointed  by  the  Commission,  and  the 
parties  shall  be  entitled  to  be  heard  in  person  or  by  attorney. 

In  case  of  an  appeal  from  any  order  or  decision  of  the 
Commission,  under  the  terms  of  sections  68  and  69  of  this 
Act,  a  transcript  of  such  testimony,  together  with  all  exhib- 
its or  copies  thereof  introduced  and  all  information  secured 


47 

by  the  Commission  on  its  own  initiative  and  considered  by  it 
in  rendering  its  order  or  decision  (and  required  by  this  Act 
to  be  made  a  part  of  its  records)  and  of  the  pleadings,  rec- 
ords and  proceedings  in  the  case,  shall  constitute  the  record 
of  the  Commission :  Provided,  that  on  appeal  from  an  order 
or  decision  of  the  Commission,  the  person  or  corporation  Stipulation 
taking  the  appeal  and  the  Commission  may  stipulate  that  a  Record, 
certain  question  or  certain  questions  alone  and  a  specified 
portion  only  of  the  evidence  shall  be  certified  to  the  court 
for  its  judgment,  whereupon  such  stipulation  and  the  ques- 
tion or  questions  and  the  evidence  therein  specified  shall  con- 
stitute the  record  on  appeal. 

Copies  of  all  official  documents  and  orders  filed  or  depos-     Certified 
ited  according  to  law  in  the  office  of  the  Commission,  certi-     Copies — 
fied  by  a  commissioner  or  by  the  secretary  of  the  Commis-      Evidence, 
sion  to  be  true  copies  of  the  originals,  under  the  official  seal 
of  the  commission,  shall  be  evidence  in  like  manner  as  the 
originals. 

In  any  matter  concerning  which  the  Commission  is  auth-      Hearings — 
orized  to  hold  a  hearing,  upon  complaint  or  application  or      Notice,  Etc. 
upon  its  own  motion,  notice  shall  be  given  to  the  public 
utility  and  to  such  other  interested  persons  as  the  Commis- 
sion shall  deem  necessary  in  the  manner  provided  in  the 
preceding  section,  and  the  hearing  shall  be  conducted  in  like 
manner  as  if  complaint  had  been  made  to  or  by  the  Commis- 
sion.    But  nothing  in  this  Act  shall  be  taken  to  limit  or  re- 
strict the  power  of  the  Commission,  summarily,  of  its  own     Summary 
motion,  with  or  without  notice,  to  conduct  any  investigations      Action 
or  inquiries  authorized  by  this  Act,  in  such  manner  and  by     Without 
such  means  as  it  may  deem  proper,  and  to  take  such  action        °  '^^* 
as  it  may  deem  necessary  in  connection  therewith.     With 
respect  to  any  rules,  regulations,  decisions  or  orders  which      Hearin"  ^°'' 
the  Commission  is  authorized  to  issue  without  a  hearing, 
and  so  issues,  any  public  utility  or  other  person  or  corpora- 
tion affected  thereby  and  deeming  such  rules,  regulations, 
decisions  or  orders,  or  any  of  them,  improper,  unreasonable 
or  contrary  to  law,  may  apply  for  a  hearing  thereon,  setting 
forth  specifically  in  such  application  every  ground  of  objec- 
tion which  the  applicant  desires  to  urge  against  such  rule, 
regulation,  decision  or  order.     The  Commission  may,  in  its 
discretion,  grant  or  deny  the  application,  and  a  hearing,  if 
had,  shall  be  subject  to  the  provisions  of  this  and  the  preced- 
ing sections. 

§  66.  Ever}^  order  of  the  Commission  shall  be  served  upon  Service  of 
every  person  or  corporation  to  be  affected  thereby,  either  Orders. 
by  personal  delivery  of  a  certified  copy  thereof,  or  by  mail- 
ing in  the  United  States  mail  a  certified  copy  thereof,  in  a 
sealed  package  with  postage  prepaid,  to  the  person  to  be 
affected  thereby  or  in  the  case  of  a  corporation,  to  any  officer 
or  agent  thereof  upon  whom  a  summons  of  a  court  of  record 
may  be  served  in  an  action  at  law.     It  shall  be  the  duty  of 

Sec.  66 


48 


Receipt 
Acknowl- 
edged. 


Acceptance 
of  Orders. 


Amend- 
ments of 
Orders. 


Petition  for 
Rehearing. 


Commission 
to  Act 
Within 
Twenty 
Days. 


No  Appeal 
Until  Peti- 
tion for  Re- 
hearing 
Acted  Upon. 


Petition 
Does  Not 
Stay  Order. 


Order  Upon 
Rehearing, 


Sec.  67 


every  person  and  corporation  to  notify  the  Commission 
forthwith,  in  writing,  of  the  receipt  of  the  certified  copy  of 
every  order  so  served,  and  in  the  case  of  a  corporation  such 
notification  must  be  signed  and  acknowledged  by  a  person 
or  officer  duly  authorized  by  the  corporation  to  admit  such 
service.  Within  a  time  specified  in  the  order  of  the  Com- 
mission every  person  and  corporation  upon  whom  it  is  served 
must,  if  so  required  in  the  order,  notify  the  Commission  in 
like  manner  whether  the  terms  of  the  order  are  accepted  and 
will  be  obeyed. 

§  67.  Anything  in  this  act  to  the  contrary  notwithstand- 
ing, the  Commission  may  at  any  time,  upon  notice  to  the 
public  utility  afifected,  and  after  opportunity  to  be  heard  as 
provided  in  the  case  of  complaints,  rescind,  alter  or  amend 
any  rule,  regulation,  order  or  decision  made  by  it.  Any 
order  rescinding,  altering  or  amending  a  prior  rule,  regu- 
lation, order  or  decision  shall,  when  served  upon  the  public 
utility  afifected,  have  the  same  effect  as  is  herein  provided 
for  original  rules,  regulations,  orders  or  decisions.  Within 
thirty  days  after  the  service  of  any  rule  or  regulation,  order 
or  decision  of  the  Commission  any  party  to  the  action  or 
proceeding  may  apply  for  a  rehearing  in  respect  to  any  mat- 
ters determined  in  said  action  or  proceeding  and  specified  in 
the  application  for  rehearing.  The  Commission  shall  re- 
ceive and  consider  such  application  and  shall  grant  or  deny 
such  application  within  twenty  days  from  the  date  of  the 
receipt  thereof  by  the  Commission.  In  case  the  application 
for  rehearing  is  granted  the  Commission  shall  proceed  as 
promptly  as  possible  to  consider  the  matters  presented  by 
such  application.  No  appeal  shall  be  allowed  from  any 
rule,  regulation,  order  or  decision  of  the  Commission  unless 
and  until  an  application  for  a  rehearing,  thereof  shall  first 
have  been  filed  with  and  acted  upon  by  the  Commission. 
.A.n  application  for  rehearing  shall  not  excuse  any  corpo- 
ration or  person  from  complying  wdth  and  obeying  any  rule, 
regulation,  order  or  decision  or  any  requirement  of  any  rule, 
regulation,  order  or  decision  of  the  Commission  theretofore 
made,  or  operate  in  any  manner  to  stay  or  postpone  the  en- 
forcement thereof,  except  in  such  cases  and  upon  such  terms 
as  the  Commission  may  by  order  direct.  If,  after  such  re- 
hearing and  consideration  of  all  the  facts,  including  those 
arising  since  the  making  of  the  rule,  regulation,  order  or 
decision,  the  Commission  shall  be  of  the  opinion  that  the 
original  rule,  regulation,  order  or  decision  or  any  part  there- 
of is  in  any  respect  unjust  or  unwarranted,  or  should  be 
changed,  the  Commission  may  rescind,  alter  or  amend  the 
same.  A  rule,  regulation,  order  or  decision  made  after  such 
rehearing,  rescinding,  altering  or  amending  the  original 
rule,  regulation,  order  or  decision  shall  have  the  same  force 
and  effect  as  an  original  rule,  regulation,  order  or  decision, 
but  shall   not  affect  any  right  or  the  enforcement  of  any 


49 


right  arising  from  or  by  virtue  of  the  original  rule,  regula- 
tion, order  or  decision  unless  so  ordered  by  the  Commission. 
Only  one  rehearing  shall  be  granted  by  the  Commission  ; 
but  this  shall  not  be  construed  to  prevent  any  party  from 
filing  a  petition  setting  up  a  new  and  different  state  of  facts 
after  two  years,  and  invoking  the  action  of  the  Commission 
thereon. 

§  68.  Within  thirty  days  after  the  service  of  any  order  or 
decision  of  the  Commission  refusing  an  application  for  a  re- 
hearing of  any  rule,  regulation,  order  or  decision  of  the 
Commission,  or  within  thirty  days  after  the  service  of  any 
final  order  or  decision  of  the  Commission  upon  and  after  a 
rehearing  on  any  rule,  regulation,  order  or  decision  of  the 
Commission,  any  person  or  corporation  aft'ected  by  such 
rule,  regulation,  order  or  decision,  may  appeal  to  the  circuit 
or  superior  court  of  the  county  in  which  the  subject-matter 
of  the  hearing  is  situated,  or  if  the  subject-matter  of  the 
hearing  is  situated  in  more  than  one  county,  then  of  any  one 
of  such  counties,  for  the  purpose  of  having  the  reasonable- 
ness or  lawfulness  of  the  rule,  regulation,  order  or  decision 
inquired  into  and  determined.  The  court  first  acquiring  jur- 
isdiction of  any  appeal  from  any  rule,  regulation,  order  or 
decision  shall  have  and  retain  jurisdiction  of  such  appeal 
and  of  all  further  appeals  from  the  same  rule,  regulation, 
order  or  decision  until  such  appeal  is  disposed  of  in  such 
circuit  or  superior  court.  No  proceeding  to  contest  any  rule, 
regulation,  decision  or  order  which  the  Commission  is  auth- 
orized to  issue  without  a  hearing  and  has  so  issued  shall  be 
brought  in  any  court  unless  application  shall  have  been  first 
made  to  the  Commission  for  a  hearing  thereon  and  until 
after  such  application  has  been  acted  upon  by  the  Commis- 
sion, nor  shall  any  person  or  corporation  in  any  court  urge 
or  rely  upon  any  grounds  not  set  forth  in  such  application 
for  a  hearing  before  the  Commission,  but  the  Commission 
shall  decide  the  questions  presented  by  said  application  with 
all  possible  expedition  consistent  with  the  duties  of  the  Com- 
mission. The  party  taking  such  an  appeal  shall  file  with  the 
secretary  of  the  Commission  written  notice  of  said  appeal. 
The  Commission,  upon  the  filing  of  such  notice  of  appeal, 
shall,  within  five  days  thereafter,  file  with  the  clerk  of  the 
circuit  or  superior  court  to  which  such  appeal  is  taken  a 
certified  copy  of  the  order  appealed  from  and  within  twenty 
days  thereafter  the  record  provided  for  in  section  65.  The 
party  serving  such  notice  of  appeal  shall,  within  five  days 
after  the  service  of  such  notice  upon  the  Commission,  file  a 
copy  of  said  notice,  with  proof  of  service,  with  the  clerk  of 
said  court  to  which  such  appeal  is  taken,  and  thereupon  said 
circuit  or  superior  court  shall  have  jurisdiction  over  said 
appeal  and  the  same  shall  be  entered  upon  the  records  of 
said  circuit  or  superior  court  and  shall  be  tried  therein  with- 
out formal  pleadings,  but  otherwise  according  to  the  rules 


Only  One 
Rehearing 
Granted. 
New  Facts 
After  Two 
Years. 


Appeal 
Within 
Thirty 
Days. 

Venue  of 
Appeal. 


No  Appeal 
Until  Peti- 
tion for 
Hearing  Is 
Acted  Upon. 

Limited  on 
Appeal  to 
Matter  in 
Petition. 

Notice  of 
Appeal. 

Order  and 

Record 

Filed. 

Procedure 
on  Appeal. 


Chancery 
Rules. 


Sec.  68 


50 


Appeal  to 
Be  Expe- 
dited. 

No  New 
Evidence  on 
Appeal. 


Commis- 
sion's Find- 
ings Prima 
Facie  True. 


Reversal  for 
Failure  to 
Receive  Evi- 
dence. 


Burden  of 
Proof  on 
Appeal. 

Failure  to 
Appeal 
Estops  Col- 
lateral At- 
tack. 


Appeal  from 
Circuit 
Court  Di- 
rectly to 
Supreme 
Court. 


Priority  of 
Proceed- 
ings. 

Sec.  70 


relating:  to  the  trial  of  chancery  suits,  so  far  as  the  same  are 
appHcahle. 

A  circuit  or  superior  court  to  which  any  such  api^eal  is 
taken  shall  have  the  power,  and  it  shall  be  its  duty,  in  term 
time  or  vacation,  to  hear  and  determine  such  appeal  with  all 
convenient  speed.  No  new  or  additional  evidence  may  be 
introduced  in  any  proceeding  upon  appeal  from  a  rule,  reg- 
ulation, order  or  decision  of  the  Commission,  issued  or  con- 
firmed after  a  hearing-,  but  the  appeal  shall  be  heard  on  the 
record  of  the  Commission  as  certified  to  by  it.  The  findings 
and  conclusions  of  the  Commission  on  questions  of  fact  shall 
be  held  prima  facie  to  be  true  and  as  found  by  the  Commis- 
sion ;  and  a  rule,  regulation,  order  or  decision,  of  the  Com- 
mission shall  not  be  set  aside  unless  it  clearly  appears  that 
the  finding  of  the  Commission  was  against  the  manifest 
weight  of  the  evidence  presented  to  or  before  the  Commis- 
sion for  and  against  such  rule,  regulation,  order  or  decision, 
or  that  the  same  was  without  the  jurisdiction  of  the  Com- 
mission. If  is  appears  that  the  Commission  failed  to  receive 
evidence  properly  proflfered,  on  a  hearing  or  a  rehearing,  or 
an  application  therefor,  the  court  shall  remand  the  case  to 
the  Commission  with  instructions  to  receive  the  testimony 
so  profifered  and  rejected,  and  to  enter  a  new  order  based 
upon  the  evidence  theretofor  taken,  and  such  new  evidence 
as  it  is  directed  to  receive,  unless  it  shall  appear  that  such 
new  evidence  would  not  be  controlling,  in  which  case  the 
court  shall  so  find  in  its  order.  Rules,  regulations,  orders  or 
decisions  of  the  Commission  shall  be  held  to  be  prima  facie 
reasonable,  and  the  purden  of  proof  upon  all  issues  raised 
by  the  appeal  shall  be  upon  the  person  or  corporation  appeal- 
ing from  such  rules,  regulations,  orders  or  decisions. 

When  no  appeal  is  taken  from  a  rule,  regulation,  order 
or  decision  of  the  Commission,  as  herein  provided,  parties 
affected  by  such  rule,  regulation,  order  or  decision,  shall  be 
deemed  to  have  waived  the  right  to  have  the  merits  of  said 
controversy  reviewed  by  a  court  and  there  shall  be  no  trial 
of  the  merits  of  any  controversy  in  which  such  rule,  regu- 
lation, order  or  decision  was  made,  by  any  court  to  which 
application  may  be  made  for  a  writ  to  enforce  the  same,  or 
in  any  other  judicial  proceeding. 

§  69.  Appeals  from  all  final  orders  and  judgments  entered 
by  the  said  circuit  or  superior  court,  in  review  of  rules, 
regulations,  orders  or  decisions  of  the  Commission,  may  be 
taken  directly  to  the  Supreme  Court  by  either  party  to  the 
action,  within  sixty  days  after  service  of  a  copy  of  the 
order  or  judgment  of  said  circuit  or  superior  court,  and 
shall  be  governed  by  the  rules  applying  to  chancery  cases 
appealed  to  said  Supreme  Court,  except  that  formal  plead- 
ings shall  not  be  required. 

§  70.  Any  proceeding  in  any  court  in  this  State  directly 
affecting  a  rule,  regulation,  order  or  decision  of  the  Com- 


in  Certain 
Rate  Cases. 


51 

mission,  or  to  which  the  Commission  is  a  party,  shall  have 
priority  in  hearing  and  determination  over  all  other  civil 
proceedings  pending  in  such  court,  excepting  election 
contests. 

§71.  The  pendency  of  an  appeal  shall  not  of  itself  stay  Stay 
or  suspend  the  operation  of  the  rule,  regulation,  order  or  Orders, 
decision  of  the  Commission,  but  during  the  pendency  of 
such  appeal  the  circuit  or  superior  court,  or  the  Supreme 
Court,  as  the  case  may  be,  in  its  discretion  may  stay  or 
suspend,  in  whole  or  in  part,  the  operation  of  the  Commis- 
sion's rule,  regulation,  order  or  decision. 

No   order   so   staying   or   suspending   a    rule,    regulation.      Notice  of 
order  or  decision  of  the  Commission  shall  be  made  by  the      Application 
court  otherwise  than  upon  three  days'  notice  to  the  Com-       °''     ^^" 
mission  and  after  a  hearing,  and  if  the  rule,  regulation,  order 
or  decision  of  the  Commission  is  suspended,  the  order  sus- 
pending the  same  shall  contain  a  specific  finding  based  upon      Grounds 
evidence  submitted  to  the  court,  and  identified  by  reference      jngstay. ' 
thereto,  that  great  or  irreparable  damage  would  otherwise 
result  to  the  petitioner,  and  specifying  the  nature  of  the 
damage. 

When  any  rate  or  other  charge  has  been  in  force  for  any  No  Stay  to 
length  of  time  exceeding  one  year,  and  such  rate  or  other  Be  Granted 
charge  is  advanced  by  the  public  utility  and  the  order  of  the 
Commission  reinstates  such  prior  rate  or  other  charge,  in 
w'hole  or  in  part,  no  suspending  order  shall  be  allowed  in 
any  case  from  such  order  pending  the  final  determination 
of  the  case  in  the  circuit  or  superior  court,  or  if  appealed 
to  the  Supreme  Court  by  such  Supreme  Court. 

In  case  the  rule,  regulation,  order  or  decision  of  the  Com-  Suspending 
mission  is  stayed  or  suspended,  the  order  of  the  court  shall  Bond, 
not  become  effective  until  a  suspending  bond  shall  first  have 
been  executed  and  filed  with,  and  approved  by  the  Commis- 
sion (or  approved,  on  review,  by  the  court)  payable  to  the 
people  of  the  State  of  Illinois,  and  sufficient  in  amount  and 
security  to  insure  the  prompt  payment,  by  the  party  peti- 
tioning for  the  review,  of  all  damages  caused  by  the  delay 
in  the  enforcement  of  the  rule,  regulation,  order  or  deci- 
sion of  the  Commission,  and  of  all  moneys  which  any  per- 
son or  corporation  may  be  compelled  to  pay,  pending  the 
review  proceedings,  for  transportation,  transmission,  prod- 
uct, commodity,  or  service  in  excess  of  the  charges  fixed 
by  the  rule,  regulation,  order  or  decision  of  the  Commission, 
in  case  said  rule,  regulation,  order  or  decision  is  sustained. 
However,  no  bond  shall  be  required  in  the  case  of  any  stay  Exceptions. 
or  suspension  granted  on  application,  of  the  State,  or  of 
any  city  or  other  governmental  body.  The  court,  in  case 
it  stays  or  suspends  the  rule,  regulation,  order  or  decision 
of  the  Commission  in  any  manner  affecting  rates  or  other 
charges  or  classifications,  may,  in  its  discretion,  also  by 
order  direct  the  public  utility  affected  to  pay  into  court, 

Sec.  71 


52 

Impounding  from  time  to  time  thereto  to  be  impounded  until  the  final 
of  Funds  in  decision  of  the  case  or  into  some  bank  or  trust  company 
stay.  paying  interest  on  deposits,  under  such  conditions  as  the 

court  may  prescribe,  all  sums  of  money,  which  it  may  col- 
lect from  any  corporation  or  person  in  excess  of  the  sum 
such  corporation  or  person  would  have  been  compelled  to 
pay  if  the  rule,  regulation,  order  or  decision  of  the  Com- 
mission had  not  been  stayed  or  suspended. 
Reparation.  §  72.  When  complaint  has  been  made  to  the  Commission 

concerning  any  rate  or  other  charge  of  any  public  utility 
and  the  Commission  has  found,  after  a  hearing,  that  the 
public  utility  has  charged  an  excessive  or  unjustly  discrim- 
inatory amount  for  its  product,  commodity  or  service,  the 
Commission  may  order  that  the  public  utility  make  due  repa- 
ration to  the  complainant  therefor,  with  interest  at  the  legal 
rate  from  the  date  of  payment  of  such  excessive  or  unjustly 
discriminatory  amount. 
Suit  for  If  the  public  utility  does  not  comply  with  an  order  of  the 

Reparation.  Commission  for  the  payment  of  money  within  the  time 
fixed  in  such  order,  the  complainant,  or  any  person  for 
w^liose  benefit  such  order  was  made,  may  file  in  any  court 
of  competent  jurisdiction  a  petition  setting  forth  briefly  the 
causes  for  which  he  claims  damages  and  the  order  of  the 
Commission  in  the  premises.  Such  suit  shall  proceed  in  all 
respects  like  other  civil  suits  for  damages,  except  that  on 
the  trial  of  such  suit  the  order  of  the  Commission  shall  be 
Attorney  prima  facie  evidence  of  the   facts  therein  stated.     If   the 

Fees.  petitioner  shall  finally  prevail  he  shall  be  allowed  a  reason- 

able attorney's  fee  to  be  taxed  and  collected  as  a  part  of 
the  costs  of  the  action. 
Limitation  All  complaints  for  the  recovery  of  damages  shall  be  filed 

on  Repara-  with  the  Commission  within  two  years  from  the  time  the 
tion  Claims.  product,  commodity  or  service  as  to  which  complaint  is 
made  was  furnished  or  performed,  and  a  petition  for  the 
enforcement  of  an  order  of  the  Commission  for  the  pay- 
ment of  money  shall  be  filed  in  the  proper  court  within  one 
year  from  the  date  of  the  order. 
Remedy  '^^^  remedy  provided  in  this  section  shall  be  cumulative, 

Cumulative.       and  in  addition  to  any  other  remedy  or  remedies  in  this 
Act  provided  in  case  of  failure  of  a  public  utility  to  obey  a 
rule,  regulation,  order  or  decision  of  the  Commission. 
Investiga-  ^^^   Commission   shall   have   a   power   to   receive   com- 

tion  of  Dam-  plaints  regarding  loss  or  damage  occasioned  by  a  public 
age  Claims.  utility,  and  to  make  inquiry  as  to  the  methods  of  adjusting 
such  claims.  All  claims  against  any  public  utility  for  loss 
of,  or  damage  to  property,  or  for  any  other  loss  or  damage, 
in  connection  with  a  public  utility  service,  not  covered  by 
the  preceding  paragraphs  of  this  section,  if  not  acted  upon 
_  within  ninety  days  from  the  date  of  the  filing  of  the  claim 

Open  to  w'th  the  public  utility,  may  be  investigated  by  the  Commis- 

Public.  sion,  in  its  discretion,  and  the  results  of  such  investigation 

Sec.  72 


53 

shall  be  embodied  in  a  special  report  which  shall  be  open  to 
public  inspection. 

§  IZ.  In  case  any  public  utility  shall  do,  cause  to  be  done      Liability  for 
or  permit  to  be  done  any  act,  matter  or  thing  prohibited,      Damages. 
forbidden  or  declared  to  be  unlawful,  or  shall  omit  to  do 
any  act,  matter  or  thing  required  to  be  done  either  by  any 
provisions  of  this  Act  or  any  rule,  regulation,  order  or  deci- 
sion of  the  Commission,  issued  under  authority  of  this  Act, 
such  public  utility  shall  be  liable  to  the  persons  or  corpora- 
tions affected  thereby  for  all  loss,  damages  or  injury  caused 
thereby  or  resulting  therefrom,  and  if  the  court  shall  find 
that  the  act  or  omission  was  wilful,  the  court  may  in  addi- 
tion to  the  actual  damages,  award  damages  for  the  sake  of      Damaaes'"^ 
example   and  by  the   way   of   punishment.     An   action   to 
recover  for  such  loss,  damage  or  injury  may  be  brought 
in  any  court  of  competent  jurisdiction  by  any  person  or 
corporation. 

In  every  case  of  a  recovery  of  damages  by  any  person     Attorney 
or  corporation  under  the  provision  of  this  section,  the  plain-        ^®^" 
tiff  shall  be  entitled  to  a  reasonable  counsel's  or  attorney's 
fee  to  be  fixed  by  the  court,  which  fee  shall  be  taxed  and 
collected  as  part  of  the  costs  in  the  case. 

No  recovery  as  in  this  section  provided  shall  in  any  man- 
ner affect  a  recovery  by  the  State  of  the  penalties  in  this 
Act  provided. 

§  74.  This  Act  shall  not  have  the  effect  to  release  or     Does  Not 
waive  any  right  of  action  by  the  State,  the  Commission,  or     p^'^^f.® 
by  any  body  politic,  municipal  corporation,  person  or  corpo-        ^"^ 
ration  for  any  right  or  penalty  which  may  have  arisen  or 
accrued  or  may  hereafter  arise  or  accrue  under  any  law 
of  this  State. 

All  penalties  accruing  under  this  Act  shall  be  cumulative      Penalties 
of  each  other,  and  suit  for  the  recovery  of  one  penalty  shall      Cumulative, 
not  be  a  bar  to  or  affect  the  recovery  of  any  other  penaltv 
or  be  a  bar  to  any  criminal  prosecution  against  any  public      Criminal 
utility,  or  any  officer,  director,  agent  or  employee  thereof.      Action, 
or  any  other  corporation  or  person. 

§  75.  Whenever  the  Commission  shall  be  of  the  opinion      injunction 
that  any  public  utility  is  failing  or  omitting  or  about  to  fail     or  Manda- 
or  omit,  to  do  anything  required  of  it  by  law,  or  by  any     ^"^„*°  f,"" 
order,   decision,   rule,  regulation,   direction  or  requirement 
of  the  Commission,  issued  or  made  under  authority  of  this 
Act,  or  is  doing  anything  or  about  to  do  anything  or  permit- 
ting anything  or  about  to  permit  anything  to  be  done,  con- 
trary to  or  in  violation  of  law  or  any  order,  decision,  rule, 
regulation,   direction   or   requirement   of   the   Commission, 
issued  or  made  under  authority  of  this  Act,  the  Commission 
shall  commence  an  action  or  proceeding  in  the  circuit  or      Venue  of 
superior  court  or  in  any  other  court  of  concurrent  jurisdic-      Action, 
tion  in  and  for  the  county  in  which  the  case  or  some  part 
thereof  arose,  or  in  which  the  person  or  corporation  com- 

Sec.  75 


force  Law. 


54 

plained  of,  if  any,  has  its  principal  place  of  business,  or  in 
In  Name  of  which  the  person  complained  of,  if  any,  resides,  in  the  name 
People.  of  the  People  of  the  State  of  Illinois,  for  the  purpose  of 

having  such  violation  or  threatened  violation  stopped  and 
Procedure.  prevented,  either  by  mandamus  or  injunction.  The  Com- 
mission shall  begin  such  action  or  proceeding  by  petition  to 
such  circuit  or  superior  court,  alleging  the  violation  or 
threatened  violation  complained  of,  and  praying  for  appro- 
priate relief  by  way  of  mandamus  or  injunction.  It  shall 
thereupon  be  the  duty  of  the  court  to  specify  a  time,  not 
exceeding  twenty  days  after  the  service  of  the  copy  of  the 
petition,  within  which  the  public  utility  complained  of  must 
answer  the  petition,  and  in  the  meantime  said  public  utility 
may  be  restrained.  In  case  of  default  in  answer,  or  after 
answer,  the  court  shall  immediately  inquire  into  the  facts 
and  circumstances  of  the  case.  Such  corporations  or  per- 
sons as  the  court  may  deem  necessary  or  proper  to  be  joined 
as  parties,  in  order  to  make  its  judgment,  order  or  writ 
effective,  may  be  joined  as  parties.  The  final  judgment  in 
any  such  action  or  proceeding  shall  either  dismiss  the  action 
or  proceeding  or  direct  that  the  writ  of  mandamus  or  in- 
junction issue  or  be  made  permanent  as  prayed  for  in  the 
petition,  or  in  such  modified  or  other  form  as  will  afford 
Appeal  from  appropriate  relief.  An  appeal  may  be  taken  from  such 
^i°"«r^  ^^  ^^^^^  judgment  in  the  same  manner  and  with  the  same 
effect,  subject  to  the  provisions  of  this  Act.  as  appeals  are 
taken  from  judgments  of  the  circuit  or  superior  court  in 
other  actions  for  mandamus  or  injunction. 
General  §  76.  Any  public  utility  or  any  corporation  other  than  a 

public  utility,  which  violates  or  fails  to  compl}'  with  any 
provisions  of  this  Act,  or  which  fails  to  obey,  observe  or 
comply  with  any  order,  decision,  rule,  regulation,  direction, 
or  requirement  or  any  part  or  provision  thereof,  of  the 
Commission,  made  or  issued  under  authority  of  this  Act, 
in  a  case  in  which  a  penalty  is  not  otherwise  provided  for 
in  this  Act,  shall,  upon  conviction,  be  punished  by  a  fine 
■  of  not  less  than  five  hundred  dollars  nor  more  than  two 
thousand  dollars  for  each  and  every  offense. 
Each  Day  a  Every  violation  of  the  provisions  of  this  Act  or  of  any 

Separate  order,  decision,  rule,   regulation,  direction  or  requirement 

Offense.  ^j  ^j^^  Commission,  or  any  part  or  portion  thereof  by  any 

corporation  or  person  is  a  separate  and  distinct  offense  and 
in   case  of  a   continuing  violation   each   day's   continuance 
thereof  shall  be  a  separate  and  distinct  offense. 
Liability  In  construing  and  enforcing  the  provisions  of  this  Act 

for  Act  of  relating  to  penalties,  the  act,  omission,  or   failure  of  anv 

^®"*-  officer,  agent,  or  employee  of  any  public  utility  acting  within 

the  scope  of  his  official  duties  or  employment,  shall  in  every 
case  be  deemed  to  be  the  act.  omission,  or  failure  of  such 
public  utility. 

Sec.  76 


cision. 


Penal 
Clause 


55 


§  77 .  Every  person  who,  either  individually,  or  acting  as 
an  officer,  agent  or  employee  of  a  public'  utility  or  of  a  cor- 
poration other  than  a  public  utility,  violates  or  fails  to  com- 
ply with  any  provisions  of  this  Act,  or  fails  to  observe,  obey 
or  comply  with  any  order,  decision,  rule,  regulation,  direc- 
tion or  requirement,  or  any  part  or  portion  thereof,  of  the 
Commission,  made  or  issued  under  authority  of  this  Act,  or 
who  procures,  aids  or  abets  any  public  utility  in  its  violation 
of  this  Act  or  in  its  failure  to  obey,  observe  or  comply  with 
this  Act  or  any  such  order,  decision,  rule,  regulation,  direc- 
tion, or  requirement,  or  any  part  or  portion  thereof,  in  a 
case  in  which  a  penalty  is  not  otherwise  provided  for  in  this 
Act,  is  guilty  of  a  misdemeanor,  and  shall,  upon  conviction, 
be  punished  by  a  fine  not  exceeding  one  thousand  dollars,  or 
by  imprisonment  in  a  county  jail  not  exceeding  one  year,  or 
by  both  such  fine  and  imprisonment. 

§  78.  Except  as  otherwise  provided  in  this  Act,  actions  to 
recover  penalties  under  this  Act  shall  be  brought  in  the 
name  of  the  People  of  the  State  of  Illinois  in  the  Circuit 
or  Superior  Court  in  and  for  the  county  in  which  the  cause 
or  some  part  thereof,  arose,  or  in  which  the  corporation 
complained  of,  if  any,  has  its  principal  place  of  business,  or 
in  which  the  person,  if  any,  complained  of,  resides.  Such 
action  shall  be  commenced  and  prosecuted  to  final  judgment 
by  the  Commission.  In  any  such  action,  all  penalties  in- 
curred up  to  the  time  of  commencing  the  same  may  be  sued 
for  and  recovered.  In  all  such  actions,  the  procedure  and 
rules  of  evidence  shall  be  the  same  as  in  ordinary  civil  ac- 
tions, except  as  otherwise  herein  provided  All  fines  and 
penalties  recovered  by  the  State  in  any  such  action  shall  be 
paid  into  the  State  treasury  to  the  credit  of  the  general 
fund.  Any  such  action  may  be  compromised  or  discontin- 
ued on  application  of  the  Commission  upon  such  terms  as 
the  court  shall  approve  and  order. 

§  79.  It  is  hereby  made  the  duty  of  the  Commission  to 
see  that  the  provisions  of  the  Constitution  and  statutes  of 
this  State  affecting  public  utilities,  the  enforcement  of 
which  is  not  specifically  vested  in  some  other  officer  or 
tribunal,  are  enforced  and  obeyed,  and  that  violations 
thereof  are  promptly  prosecuted  and  penalties  due  the  State 
therefor  recovered  and  collected,  and  to  this  end  it  may 
sue  in  the  name  of  the  People  of  the  State. 

§  80.  The  Commission  is  hereby  authorized  to  hear  and 
determine  all  applications  for  the  cancellation  of  warehouse 
licenses  in  this  State  which  may  be  issued  in  pursuance  of 
any  laws  of  this  State,  and  for  that  purpose  to  make  and 
adopt  such  rules  and  regulations  concerning  such  hearing 
and  determination  as  may,  from  time  to  time,  by  it  be 
deemed  proper.  And  if,  upon  such  hearing,  it  shall  appear 
that  any  public  warehouseman  has  been  guilty  of  violating 
any  law  of  this   State  concerning  the   business  of  public 


Personal 
Responsibil- 
ity of 
Agents. 


Misde- 
meanor. 

Penalty. 


Action  for 
Penalties — 
How 
Brought. 


Prosecuted 
by  Commis- 
sion. 


Procedure. 


Compro- 
mise. 

Commission 
to  Enforce 
Laws. 


Warehou7e 
Licenses. 


Sec.  80 


56 


Revoca- 
tions. 


warehousemen,  the  Commission  may  cancel  and  revoke  the 
Hcense  of  said  public  warehouseman,  and  immediately  notify 
the  officer  who  issued  such  license  of  such  revocation  and 
cancellation ;  and  no  person  whose  license  as  a  public  ware- 
houseman shall  be  cancelled  or  revoked  shall  be  entitled  to 
another  license  or  to  carry  on  the  business  in  this  State  of 
such  public  warehouseman  until  the  expiration  of  six 
months  from  the  date  of  such  revocation  and  cancellation, 
and  until  he  shall  have  again  been  licensed :  Provided,  that 
this  section  shall  not  be  construed  so  as  to  prevent  any  such 
warehouseman  from  delivering  any  grain  on  hand  at  the 
time  of  such  revocation  or  cancellation  of  his  said  license. 
And  all  licenses  issued  in  violation  of  the  provisions  of  this 
section  shall  be  deemed  null  and  void. 


Except  Rail- 
roads. 


Regulation 
of  Service. 


Fixed 
Rates. 


Examina- 
tion. 


Rules  of 
Procedure. 


Certain 
Powers 
Vested  in 
City. 


Sec.  81 


ARTICLE  VI. 

Local  Utilities. 

§  8L  Subject  to  the  provisions  of  this  Article,  each  city 
shall  have  power  with  respect  to  public  utilities  furnishing 
services,  products,  or  commodities  within  the  limits  of  such 
city,  except  railroads  constituting  or  used  as  a  part  of  a 
trunk  line  railroad  system: 

(a)  To  regulate  the  quality,  adequacy,  and  safety  of  any 
service,  product  or  commodity  rendered  or  furnished  within 
such  city  by  any  such  public  utility;  and  to  require  such 
public  utility  to  make  such  additions  and  extensions  to  its 
plant,  equipment  and  property  within  said  city  as  shall  be 
reasonable  and  necessary  in  the  interest  of  the  public. 

(b)  To  determine  and  prescribe  just  and  reasonable  rates 
or  other  charges  for  any  service,  product  or  commodity  ren- 
dered or  furnished  within  such  city  by  any  such  public 
utility,  and  to  prevent  unjust  and  unreasonable  discrimina- 
tions in  rates  or  other  charges  and  in  services  within  such 
city  by  any  such  public  utility. 

(c)  To  examine  such  public  utilities  and  keep  informed 
as  to  their  general  condition,  the  method  of  conducting  their 
business,  and  their  compliance  with  the  provisions  of  law, 
with  the  requirements  of  their  charters,  franchises,  licenses 
or  permits,  and  with  any  orders  issued  under  the  provisions 
of  this  Act. 

(d)  To  adopt  reasonable  and  proper  rules  and  regula- 
tions relative  to  the  exercise  of  its  powers,  and  to  regulate 
the  manner  of  conducting  all  investigations  and  hearings, 
and  to  alter  and  amend  the  sarne. 

Any  city  exercising  powers  under  this  Article  shall  with 
respect  to  public  utilities  under  its  jurisdiction  have  all  the 
powers  and  perform  all  the  duties  imposed  by  this  Act  upon 
the  Illinois  Commerce  Commission,  except  with  respect  to 
sections  11,  13  to  29,  both  inclusive,  31,  43,  45,  52,  58  and 


57 


80  of  this  Act,  the  jurisdiction  conferred  by  which  sections 
shall  remain  with  the  Illinois  Commerce  Commission.  No 
enumeration  of  powers  contained  in  this  section  shall  be 
construed  as  in  any  manner  limiting  the  powers  conferred 
upon  the  city  by  the  terms  of  this  section.  In  all  cases  in 
which  this  Act  grants  powers  to  or  imposes  duties  upon 
the  Illinois  Commerce  Commission,  or  imposes  duties,  obli- 
gations or  liabilities  upon  public  utilities ;  or  provides  for 
proceedings  before  the  Commission  or  in  the  courts  under 
Article  V  of  this  Act;  or  provides  for  civil  damages,  crim- 
inal penalties  or  for  remedies  of  any  character ;  such  provi- 
sions shall  (except  as  otherwise  specified  herein)  apply  as 
nearly  as  may  be  to  cities  in  the  exercise  of  powers  and  the 
performance  of  duties  under  this  Article ;  and  this  Article 
is  intended  to  apply  all  such  provisions  to  such  cities  as  fully 
as  if  the  word  "city"  were  substituted  for  "Illinois  Com- 
merce Commission"  or  "Commission"  in  each  such  case. 

Any  city  exercising  powers  under  this  Act  shall  have 
authority  to  exercise  such  powers  by  municipal  ordinance, 
or  otherwise,  as  such  city  shall  determine. 

All  actions  to  recover  fines  and  penalties  under  this 
Article  shall  be  brought  in  the  name  of  the  cit)'  under  whose 
jurisdiction  the  cause  of  action  arose,  and  the  amount  re- 
covered shall  be  paid  into  the  city  treasury  to  the  credit  of 
the  general  fund. 

The  powers  conferred  by  this  Act  upon  cities  shall  not 
apply  to  nor  control  transactions  by  or  with  any  transporta- 
tion district  organized  under  the  laws  of  this  State. 

Nothing  in  this  Act  shall  be  construed  to  limit  or  restrict 
powers  now  or  hereafter  granted  to  cities  to  pass  ordinances 
for  the  protection  of  the  public  health,  safety,  comfort,  and 
general  welfare  or  governing  the  regulation,  control  or 
occupation  of  streets,  highways  and  public  property  within 
the  city.  Nothing  in  this  Act  shall  be  construed  to  limit  or 
restrict  the  powers  granted  to  cities  by  this  Article,  nor  to 
extend  the  jurisdiction  of  the  Illinois  Commerce  Commis- 
sion over  the  matters  covered  by  this  Article  except  as 
herein  provided. 

Nothing  in  this  Article  shall  be  construed  to  conflict  with 
powers  conferred  by  this  Act  upon  the  Illinois  Commerce 
Commission,  so  far  as  the  exercise  of  such  powers  by  the 
Commission  is  necessary  or  appropriate  to  its  authority  with 
respect  to  public  utilities  under  the  jurisdiction  of  the 
Commission. 

§  82.  Every  public  utility  under  the  jurisdiction  of  a  city 
shall  file  with  such  city,  acquiring  jurisdiction  over  such 
utility,  copies  of  all  reports  made  by  such  public  utility  to 
the  Illinois  Commerce  Commission  after  such  jurisdiction 
is  acquired.  The  city  shall  have  authority  to  require  any 
such  public  utility  to  file  monthly  reports  of  earnings  and 
expenses,  and  such  other  periodical  or  special  or  periodical 


Manner  of 
Enforce- 
ment. 

Actions  for 
Penalties, 


Transporta- 
tion Dis- 
tricts Ex- 
cepted. 

Does  Not 
Limit  City 
Police 
Power. 


Commission 
Has  Para- 
mount 
Power. 


Reports 
Filed  witPi 
City. 


Sec.  82 


58 

and  special  reports  concerning  any  matter  about  which  the 

city  is  authorized  by  law  to  keep  itself  informed,  and  shall 

Examina-  have  authority  to  inspect  and  examine  any  and  all  books, 

counts    ^  accounts,    papers,    records    and    memoranda    kept    by    such 

public  utility. 

Reports  ^^'   reports   shall   be   under  oath.      When   any   report   is 

Under  Oath,      erroneous  or  defective  or  appears  to  the  city  to  be  erroneous 

or  defective  the  city  may  notify  the  public  utility  to  amend 

such  report  within  thirty  days,  and  before  or  after  the  ter- 

'       mination  of  such  period  the  city  may  examine  the  officers, 

agents   or  employees,   books,    records,   accounts,    vouchers, 

plant,  equipment  and  property  of  such  public  utility,  and 

correct  such  items  in  the  report  as  upon  such  examination 

Reports  the  city  may  find  defective  or  erroneous.     All  reports  made 

Open  to  j-Q  |.|-,g  f^i^y  i3y  ^,-,y  p^iblic  utility  and  the  contents  thereof 

'^"    '^"  shall  be  open  to  public  inspection  unless  otherwise  ordered 

by  the  city. 

Failure  to  Any  public  utility  which  fails  to  make  and  file  any  report 

Report.  called  for  by  the  city  within  the  time  specified,  or  to  make 

specific   answer   to   any    question   propounded    by    the   city 

within  thirty  days  from  the  time  it  is  lawfully  required  to 

do  so,  or  within  such  further  time,  not  to  exceed  ninety  days, 

as  may  in  its  discretion  be  allowed  by  the  city,  shall  forfeit 

Penalty.  one  hundred  ($100)  dollars  for  each  and  every  day  it  may 

be  in  default. 

Any  person  who  knowingly  makes  any  false  returns  or 
report  to  the  city,  or  to  any  officer  or  agent  of  the  city,  and 
any  person  who  aids  or  abets  such  person  shall  upon  con- 
viction be  subject  to  imprisonment  in  the  county  jail  not 
exceeding  one  year,  or  to  a  fine  not  exceeding  one  thousand 
dollars  ($1,000)  or  both. 
C  mmission  §  ^^-  ^"X  ^^^X  "^^X  ^^^  ordinance  or  resolution  apply  to 

to  Furnish         the  Illinois  Commerce  Commission  for  any  information  or 
Data  and  data  necessary  or  useful  in  the  exercise  of  its  power  over 

Make  Valu-       public  utilities  under  its  jurisdiction  ;  or  for  the  assistance 
ations.  ^£  experts  or  other  agents  of  the  Commission  in  an  investi- 

gation of  a  public  utility  by  the  city  ;  or  for  an  investigation 
by  the  Commission  as  to  any  matters  relating  to  public  util- 
ities under  the  jurisdiction  of  such  city.  Upon  such  appli- 
cation it  shall  be  the  duty  of  the  Illinois  Commerce  Commis- 
sion to  furnish  all  information  or  assistance  to  such  city  as 
Requests  """^y  ^^  within  its  power,  without  interfering  with  the  per- 

Compiied  formance  of  the  duties  imposed  by  law  upon  the  Commis- 

with  in  sion.     Requests  by  cities  to  the  Commission  for  valuations 

Order  Re-  q{  public  utilities  shall,  so  far  as  possible,  be  complied  with 

ceived.  ^^  ^^^^  Commission  in  the  order  in  which  they  are  received. 

§  84.  Any  public  utility  dissatisfied  with  any  action  of  a 
th'e''com°  city  under  the  terms  of  this  Act  may  apply  for  a  review  of 

mission.  the  action  of  the  city  by  the  Illinois  Commerce  Commission. 

Such  application  shall  set  forth  the  action  of  the  city  and 
the  grounds  on  which  such  action  is  contested.     Upon  such 
Sec.  84 


59 

application  it  shall  be  the  duty  of  the  Commission  to  review  Procedure, 
the  action  of  the  city ;  and  for  the  purpose  of  such  review 
the  Commission  shall  be  vested  with  all  the  powers,  and  such 
public  utility  shall  be  subject  to  all  the  duties,  obligations 
and  liabilities  as  in  the  case  of  public  utilities  subject  to  the 
jurisdiction  of  the  Commission.  On  such  review  the  Com- 
mission shall  make  such  determination  as  seems  to  it  just 
and  reasonable ;  and  such  order  of  the  Commission  shall  be 
subject  to  all  of  the  provisions  of  this  Act  the  same  as  if 
made  in  a  proceeding  over  which  the  Commission  had  orig- 
inal jurisdiction. 

§  85.  This  article  shall  not  be  in  force  in  any  city  until  the      Mode  of 
question  of  its  adoption  shall  first  have  been  submitted  to      Adoption  of 
the  legal  voters  of  such  city  and  approved  by  a  majority  of      This  Article, 
those  voting  at  such  election.     Until  this  article  has  been 
adopted  and  approved  by  the  voters  of  such  city  the  Illinois 
Commerce  Commission  shall  be  vested  with  all  the  powers 
and  jurisdiction  conferred  by  this  Act  as  to  all  public  utilities 
within  such  city,  and  all  public  utilites  within  such  city  shall 
be  subject  to  all  the  duties,  obligations,  and  liabilities  as  in 
the  case  of  other  public  utilities  under  the  jurisdiction  of 
such  Commission. 

Upon  the  adoption  of  this  article  by  any  city,  the  authority     Commis- 
of  such  city  shall  supersede  the  powers  of  the  Illinois  Com-     s\on's 
merce  Commission  with  respect  to  the  matters  upon  which     pgrceded  " 
the  city  has  assumed  or  resumed  authority  hereunder. 

The  question  of  the  adoption  of  this  article  may  be  sub-  petition  for 
mitted  in  the  following  manner:  A  petition  signed  by  the  Adoption, 
legal  voters  of  the  city  equal  in  number  to  at  least  twenty- 
five  per  cent  of  the  legal  voters  of  the  city  voting  at  the  last 
preceding  election  for  mayor  or  president  of  the  village, 
demanding  the  submission  of  the  question  of  the  adoption 
of  this  article,  may  be  filed  with  the  election  officials  having 
authority  over  election  matters  for  such  city,  and  it  shall 
thereupon  be  the  duty  of  such  election  officials  to  submit  the 
question  of  the  adoption  of  this  article  to  such  legal  voters 
at  any  municipal  election  at  which  a  mayor  or  president  of 
the  village  or  any  clerk  or  city  treasurer  is  elected,  to  be  held 
not  less  than  30  days  after  the  filing  of  such  petition : 

Where  such  petition  is  filed  for  and  in  any  city  which  has      Under  Corn- 
adopted  and  is  operating  under  Article  XIII  of  "An  Act  to      mission 
provide   for  the   incorporation   of  cities  and   villages,"   ap-     ^orm  of 
proved  April  10,  1872,  in  force  July  1,  1872,  as  amended,  it      rnent. 
shall  be  the  duty  of  the  election  officials  to  submit  the  ques- 
tion of  the  adoption  of  this  article  to  the  legal  voters  at  the 
next  election  at  which  a  mayor  and  commissioners  are  to  be 
elected,  or,  if  filed  within  thirty  days  before,  or  if  filed  after 
.such  election,  then  at  the  next  general,  municipal  or  special 
election  in  and  for  the  entire  city,  to  be  held  during  the 
month  of  April  of  the  odd-numbered  year  following  any  such 
election.     If  no  such  general,  municipal  or  special  election 

Sec.  85 


der  of 
Power 


60 

is  to  be  held  in  April  of  any  such  odd-numbered  year,  it  is 
the  duty  of  such  election  officials  to  call  a  special  election  for 
the  submission  of  such  question  on  a  day  in  such  month. 
However,  such  petition  shall  in  all  cases  be  filed  at  least 
thirty  days  prior  to  the  date  of  such  election. 
Submitted  Should  this  article  fail  to  be  adopted  at  any  time  at  which 

but  Once  in        it  is  submitted  under  the  requirements  of  this  section,  then 
Two  Years.       it  may  be  resubmitted  from  time  to  time  by  petition  as  above 
provided,  but  the  question   shall   not  be   submitted  oftener 
than  once  each  two  years. 
Surrender  §  86.  Any   city   may    surrender    the   powers    herein    con- 

of  Power  by       ferred  upon  it  with  respect  to  public  utilities.     On  such  sur- 
^*^"  render  of  its  power  by  any  city,  such  city  shall  cease  to  exer- 

cise the  powers  so  surrendered ;  and  the  Illinois  Commerce 
Commission  shall  be  vested  with  all  powers  under  this  Act 
as  to  public  utilities  within  such  city. 
Procedure  The   surrender  of  the  powers  herein  conferred   shall  be 

for  Surren-        efifected  only  after  the  question  of  such  surrender  has  been 
submitted  to  the  legal  voters  of  such  city  and  approved  by 
a  majority  of  those  voting  thereon.     The  question  of  the 
surrender  of  the  powers  conferred  by  this  article  may  be 
Petition.  submitted  in  the  following  manner:     A  petition  signed  by 

the  legal  voters  of  the  city  equal  in  number  to  at  least 
twenty-five  per  cent  of  the  legal  voters  of  the  city  voting  at 
the  last  preceding  election  for  mayor  or  president  of  the 
village,  demanding  the  submission  of  the  question  of  the 
surrender  of  the  powers  conferred  by  this  article,  may  be 
filed  with  the  election  officials  having  authority  over  election 
matters  for  such  city,  and  it  shall  thereupon  be  the  duty  of 
such  election  officials  to  submit  the  question  of  the  surren- 
der of  the  powers  conferred  by  this  article,  to  such  leg^l 
voters  at  any  municipal  election  at  which  a  mayor  or  presi- 
dent of  the  village  or  any  clerk  or  city  treasurer  is  elected, 
to  be  held  not  less  than  thirty  days  after  the  filing  of  such 
petition.  Where  such  petition  is  filed  for  and  in  any  city 
which  has  adopted,  and  is  operating  under  Article  XIII  of 
"An  Act  to  provide  for  the  incorporation  of  cities  and  vil- 
lages," approved  April  10,  1872,  in  force  July  1.  1872,  as 
amended,  it  shall  be  the  duty  of  the  election  officials  to  sub- 
mit the  question  of  the  surrender  of  the  powers  conferred 
bv  this  article  to  the  legal  voters  at  the  next  election  at  which 
a  mavor  and  commissioners  arc  to  be  elected,  or,  if  filed 
within  thirty  days  before,  or  if  filed  after  such  election,  then 
at  the  next  general,  municipal  or  special  election  in  and  for 
the  entire  city,  to  be  held  during  the  month  of  April  of  the 
odd-numbered  year  following  any  such  election.  If  no  such 
general,  municipal  or  special  election  is  to  be  held  in  April 
of  any  such  odd-numbered  year,  it  is  the  duty  of  such  elec- 
tion officials  to  call  a  special  election  for  the  submission  of 
such  question  on  a  day  in  such  month.     However,  such  peti- 

Sec.  86 


61 


tion  shall  in  all  cases  be  filed  at  least  thirty  days  prior  to  the 
date  of  such  election. 

No  action  of  any  city  adopting  this  article,  or  surrender- 
ing the  powers  conferred  thereby,  shall  be  of  force  and 
effect  until  a  notice  of  such  adoption  or  surrender  shall  have 
been  filed  with  the  Illinois  Commerce  Commission. 

If  a  city  adopts  or  surrenders  the  powers  conferred  by 
this  article  while  an  appeal  is  pending  in  the  courts  question- 
ing the  findings,  orders,  decisions,  rules  or  regulations  of 
the  commission  (or  of  the  city,  as  the  case  may  be)  the 
court,  in  which  such  appeal  is  pending,  may,  in  its  discre- 
tion, permit  the  joinder  or  substitution  of  the  city  (or  of  the 
commission,  as  the  case  may  be). 

Article  VII. 

REPEAL — SAVING    CLAUSE CONSTRUCTION. 

§  87.  "'An  Act  to  establish  a  board  of  railroad  and  ware- 
house commissioners,  and  prescribe  their  powers  and 
duties,"  approved  April  13,  1871,  in  force  July  1,  1871,  to- 
gether with  the  amendments  thereto  ;  "An  Act  defining  and 
regulating  express  companies  and  carriers  by  express  oper- 
ating within  the  State  of  Illinois,  declaring  them  to  be  com- 
mon carriers  and  placing  them  under  the  jurisdiction  and 
control  of  the  Illinois  Railroad  and  Warehouse  Commis- 
sion," approved  June  9,  1911,  in  force  July  1,  1911;  and 
"An  Act  to  provide  for  the  regulation  of  public  utilities," 
approved  June  30,  1913,  in  force  Janury  1,  1914,  as  amend- 
ed, are  hereby  repealed.  Nothing  in  this  Act  shall  be  con- 
strued to  repeal  any  other  Act  or  part  thereof  conferring 
power  on  said  Board  of  Railroad  and  Warehouse  Commis- 
sioners or  on  the  State  Public  Utilities  Commission  or  the 
Public  Utilities  Commission  except  such  as  are  in  direct  con- 
flict herewith,  but  the  rights,  powers  and  duties  conferred 
by  such  other  Act  or  Acts  upon  the  Board  of  Railroad  and 
Warehouse  Commissioners,  the  State  Public  Utilities  Com- 
mission, and  the  Public  Utilities  Commission  shall  be  con- 
tinued in  full  force  and  transferred  to  the  Illinois  Commerce 
Commission,  it  being  the  intent  of  this  Act  to  substitute  with 
respect  to  such  other  Act  or  Acts  the  Illinois  Commerce 
Commission  for  the  Public  Utilities  Commission. 

The  Public  Utilities  Commission  shall  transfer  and  de- 
liver to  the  Illinois  Commerce  Commission,  upon  its  demand 
in  writing,  all  books,  papers  and  records  ;  furniture,  equip- 
ment and  supplies  of  whatever  description  in  its  possession ; 
and  the  Illinois  Commerce  Commission  shall  take  possession 
of  all  such  books,  papers  and  records,  furniture,  equipment 
and  supplies. 

All  parts  of  "An  Act  in  relation  to  the  civil  administration 
of  the  State  government,  and  to  repeal  certain  Acts  therein 
named,"  approved  March  7,  1917,  in  force  July  1,  1917,  as 
amended  in  conflict  with  this  Act,  are  hereby  repealed. 


Notice 
Filed  with 
Commis- 
sion. 

Pendancy 
of  Appeals. 


Certain 
Acts  Re- 
pealed. 


Construc- 
tion as  to 
Repeal  of 
Other  Acts. 


Records  of 
Utility 
Com.  Trans- 
fered. 


Conflicting 
Parts  of 
Administra- 
tive Code 
Repealed. 

Sec.  87 


mission. 


62 

Pending  §  88.  This  Act  shall  not  affect  pending  actions  or  proceed- 

Actions  m  ings,  civil  or  criminal,  in  any  court,  brought  by  or  against 
the  People  of  the  State  of  Illinois  or  the  Board  of  Railroad 
and  Warehouse  Commissioners,  State  Public  Utilities  Com- 
mission, or  Public  Utilities  Commission,  or  by  any  other 
person,  firm  or  corporation  under  the  provisions  of  the  Acts 
establishing  or  conferring  power  on  the  Board  of  Railroad 
and  Warehouse  Commissioners,  State  Public  Utilities  Com- 
mission or  Public  Utilities  Commission,  nor  abate  any 
causes  of  action  arising  thereunder,  but  the  same  may  be 
instituted,  prosecuted  and  defended  with  the  same  effect  as 
Pending  though  this  Act  had  not  been  passed.     Any  investigation, 

Cases  Be-  hearing  or  proceeding,  instituted  or  conducted  by  the  Board 

fore  Com-  of  Railroad  and  Warehouse  Commissioners,  State  Public 
Utilities  Commission  or  Public  Utilities  Commission,  prior 
to  the  taking  effect  of  this  Act  shall  be  conducted  and  con- 
tinued to  a  final  determination  by  the  Illinois  Commerce 
Commission  with  the  same  effect  as  if  this  Act  had  not  been 
passed. 
Predeces-  All  findings,  orders,  decisions,  rules  and  regulations  issued 

sors'  Orders  or  promulgated  by  the  Board  of  Railroad  and  W'arehouse 
to  Continue  Commissioners,  State  Public  Utilities  Commission  or  Public 
in  Force.  Utilities  Commission,  under  the  Acts  establishing  or  confer- 

ring power  on  said  board  or  commissions,  shall  continue  in 
force  ;  and  the  Illinois  Commerce  Commission  hereby  cre- 
ated shall  have  all  powers  with  respect  to  said  findings, 
orders,  decisions,  rules  and  regulations  as  though  said  find- 
ings, orders,  decisions,  rules  and  regulations  had  been  made, 
issued  or  promulgated  by  the  Illinois  Commerce  Commis- 
sion under  this  Act. 
Invalidity  §89.  If  any   section,  subdivision,   sentence,   or  clause  of 

of  One  Sec-  this  Act  is  for  any  reason  held  invalid  or  to  be  unconstitu- 
*'°"-  tional,  such  decision  shall  not  affect  the  validity  of  the  re- 

maining portions  of  this  Act. 
Exception  g  99    Neither   this   Act   nor   any   provision   thereof   shall 

and°nte^"  apply  or  be  construed  to  apply  to  commerce  with  foreign 
state  Com-  nations  or  commerce  among  the  several  states  of  this  Union, 
merce.  except  when  specifically  so  stated,  and  insofar  as  the  same 

may  be  permitted  under  the  provisions  of  the  Constitution 
of  the  United  States  and  Acts  of  Congress,  and  the  decisions 
of  the  Supreme  Court  of  the  United  States. 
Substantial  §91.  A  substantial  compliance  with  the  requirements  of 

Oni^'^Neces-  ^'^^^  ^^*  ^^^^''  ^^  sufficient  to  give  effect  to  all  the  Acts,  or- 
sary.'  ders,   decisions,   rules   and   regulations   of  the   Commission, 

and  they  shall  not  be  declared  inoperative,  illegal  or  void  for 
any  omission  of  a  technical  nature  in  respect  thereto. 


Sec.  91 


63 


(House  Bill   No.    776.     Approved  June   28,    1921.) 


An  Act  to  regulate  business  of  storing  personal  property 
for  hire. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of 
Illinois,  represented  in  the  General  Assembly:  After  Sep- 
tember 30,  1921,  no  person,  firm  or  corporation  shall  engage 
in  the  business  of  storing  personal  property  for  hire  without 
a  license  issued  by  the  public  utilities  commission  or  by  the 
State  commission  exercising  the  power  of  supervision  over 
public  utilities.  The  provisions  of  this  Act  shall  not  apply  Exceptions, 
to  warehouses  licensed  under  "An  Act  to  regulate  cold  stor- 
age of  certain  articles  of  food,"  in  force  July  1,  1917,  nor  to 
warehouses  licensed  under  "An  act  to  regulate  public  ware- 
houses, and  the  warehousing  and  inspection  of  grain,  and  to 
give  effect  to  Article  thirteen  of  the  Constitution  of  this 
State,"  approved  April  25,  1871,  in  force  July  1,  1871,  as 
amended. 

§2.  Every  person,  firm  or  corporation  desiring  to  engage      Application 
in  or  continue  in  the  business  of  storing  personal  property     for  a 
for  hire  shall  make  application  for  a  license  upon  blanks      License, 
prepared  and  furnished  by  such  commission.     The  applicant 
shall  state  in  his  application  under  oath : 

(a)  The  name  and  business  address  of  the  applicant; 

(b)  The  location  of  warehouse  or  warehouses  for  which 
a  license  is  desired  ; 

(c)  If  the  applicant  is  a  corporation  the  names  and  ad- 
dresses of  the  principal  officers  and  of  the  directors  of  the 
corporation ;  and 

(d)  Such  other  information  as  the  commission  may  re- 
quire to  be  furnished  in  connection  with  such  application. 

§  3.  The  commission  shall  examine  such  application  and      Examina- 
shall  cause  an  examination  to  be  made  of  the  warehouse  or     tion  of 
warehouses  for  which  a  license  is  sought,  and  shall  issue  a      Ware- 
license  to  such  applicant  if  the  terms  of  this  law  have  been 
complied  with.    The  applicant  shall  pay  a  fee  of  twenty-five 
dollars  per  annum  to  the  commission  for  such  license,  and 
the  license  shall  not  continue  in  effect  unless  such  fee  is  paid. 
Each  applicant  for  a  license  shall  file  with  the  commission 
a  bond  with  security  to  be  approved  by  the  commission,  con-      Bond. 
ditioned  for  the  observance  of  the  provisions  of  this  Act  and 
the  rules,  regulations,  orders,  and  decisions  of  the  commis- 
sion, and  for  the  payment  of  any  judgment  recovered  by  any 
person  by  reason  of  the  damage  to  or  loss  of  personal  prop- 
erty stored  with  the  applicant. 

The  commission  shall  adopt  reasonable  rules  classifying  ciasslflca- 
persons,  firms  or  corporations  licensed  under  the  provisions  tion. 
of  this  Act,  according  to  the  number  of  warehouses  or  places 
to  be  used  for  the  storage  of  personal  property,  the  space  to 
be  devoted  to  that  purpose  and  the  character  of  protection 
afforded  by  such  warehouse ;  and  shall  fix  the  amount  of  the 
bond  to  be  filed  by  the  applicant  in  accordance  with  its  rules. 

Sec.  3 


houses. 

License 
Fees. 


of  License. 


64 

but  the  bond  required  shall  in  no  case  be  less  than  $5,000  nor 
more  than  $100,000. 

Period  of  §  4-  The  period  for  which  a  license  is  granted  shall  run 

License.  from  July  1  to  June  30.     If  application  is  made  after  the 

expiration  of  the  first  quarter  of  any  year,  the  fee  to  be 
charged  for  such  license  shall  be  twenty  dollars  ;  if  after  the 
expiration  of  the  second  quarter  the  fee  shall  be  fifteen  dol- 
lars ;  and  if  after  the  expiration  of  the  third  quarter  the  fee 
shall  be  ten  dollars. 

Exception.  §  ^-  Nothing  in  this  Act  shall  be  construed  to  prevent  the 

delivery  of  property  stored  previous  to  the  coming  into 
efifect  of  this  Act. 

Revocation  §  5    Jn  case  any  licensee  under  this  Act  shall  violate  any 

of  the  provisions  of  this  law  or  any  of  the  rules,  regulations, 
orders  or  decisions  relating  to  such  warehouses,  adopted  by 
the  commission,  the  commission  shall  have  authority  to 
notify  the  licensee  of  such  violation,  and  upon  notice  and 
hearing  to  revoke  such  license  or  to  take  such  other  steps 
as  may  be  authorized  by  law. 

o..l«.^  ,«j  ^  7.  The   commission   shall    have   authority   to    make    all 

nuics  ana  "  i  i      •  i  •       a         •  rr 

Regula-  necessary  rules  and  regulations  to  carry  this  Act  into  ettect. 

tions.  Nothing  in  this  Act  shall  be  construed  as  in  any  way  reduc- 

ing the  powers  now  conferred  by  law  upon  such  commission 
with  respect  to  warehouses  covered  by  this  Act. 

Penalty.  §  8.  Any  person,  firm  or  corporation  violating  any  provis- 

ion of  this  Act  shall  be  guilty  of  a  misdemeanor,  and  shall 
upon  conviction  be  punished  by  a  fine  not  exceeding  $1,000 
or  by  imprisonment  not  exceeding  six  months,  or  by  both 
such  fine  and  imprisonment. 
Approved  June  28,  1921. 


Sec.  8 


INDEX. 

SECTION  PAGE 

ABOLISHING  GRADE  CROSSINGS 58  40 

division  of  costs  of 58  40 

ACCIDENT  REPORTS  TO  BE  FILED 56  38 

investigation  of 56  38 

not  admissible  in  evidence 56  39 

ACCOUNTS— IN  GENERAL Art.  II  13 

audit  of 15  14 

additions  and  betterments 13  14 

depreciation 14  14 

destruction  of 17  15 

examination  of,  by  commission 15  14 

examination  of,  by  cities  under  Art.  VI 82  58 

false  entries  in 17 '  15 

penalty  for 17  15 

forms  prescribed 13  14 

income 13  14 

non-public  utility  company 12  14 

operating  expense 13  14 

production  of,  compelled 60  42 

unauthorized 17  15 

unlawful  to  keep 11  13 

uniform  system  of 11  13 

ACCOUNTANTS— SALARIES 5  7 

ACT: 

invalidity  of  one  section  of 89  62 

not  to  apply  to — 

foreign  commerce 90  62 

interstate  commerce 90  62 

substantial  compliance  with 91  62 

ACTIONS  PENDING: 

before  commission 88  62 

in  courts 88  62 

ADDITIONAL  OFFICERS: 

appointment  of 3  6 

ADDITIONAL  TIME  FOR: 

compliance  with  orders 65  46 

ADDITIONS  AND  BETTERMENTS  ACCOUNT 13  14 

ADDRESS  OP  UTILITY  COMPANY: 

to  be  filed 16  14 

ADMINISTRATIVE  CODE— PARTS  REPEALED 87  61 

ADOPTION  OF  HOME  RULE: 

mode  of 85  59 

petition  for 85  59 

under  commission  form 85  59 

AFFIRMATIONS: 

power  to  administer 60  42 


SECTION  PAGE 

AGENT: 

liability  of  company  for  acts  of 76  54 

personal  responsibility  of "7  55 

AMENDMENT  OF  ORDERS 67  48 

ANNUAL  REPORT: 

utilities  to  file 19  15 

of  commission 8  9 

APPEAL: 

burden  of  proof  upon 68  oO 

failure  to  perfect  estops C8  50 

from — 

city  under  Art.  VI 84  58 

circuit  to  supreme  court 69  50 

commission  to  court 68  49 

limitation   upon 68  49 

in  mandamus  and  injunction  suits 75  54 

no  new  evidence  upon 68  50 

perfected  in  30  days 68  49 

procedure  to  perfect 67  48 

priority  over  civil  cases 70  50 

record — of  what  composed 65  46 

stipulation  as  to 65  47 

when  to  be  filed 68  49 

stay  order — 

notice  of  application  for 71  51 

appeal  does  not  operate  as 71  51 

not  granted  in  certain  cases 71  51 

suspending   bond 71  51 

to  be  expedited 68  50 

upon  refusal, of  approval  of  indemnity  bond  or  insurance.  .  .  55c  38 

venue  on 68  49 

APPLIANCES— TESTING   OF 54  36 

fees  for  tests  of 54  36 

APPOINTMENT: 

of  additional  officers 3  6 

civil   service   exemptions 3  6 

assistant   commissioners 3  6 

chairman  of  commission 1  5 

commissioners 1  5 

secretary 2  5 

APPORTIONMENT  OF  EXPENSE: 

of  joint  improvement 50  34 

APPROACHES  AT  GRADE  CROSSINGS 58  41 

ASSIGNMENT  OF  FRANCHISES 27  21 

ASSISTANT  COMMISSIONERS: 

appointment 3  6 

bond 4  7 

devote  entire  time 4  6 

duties 3  6 

no  interest  in  utility  company 4  6 

qualifications 3  6 

salary 5  7 

shall  accept  no  gift 4  7 

ATTORNEY  FEES: 

granted  in  damage  cases 73  53 

granted   in   reparation  suits 72  52 

AUDIT  OF   ACCOUNTS 15  14 

n 


AUTHENTICATION  OF 

process 

proceedings 

records 

BONDS: 

of  assistant  commissioners 

commissioners 

employees 

secretary '. 

public  utility  company — 

issue   of — regulated 

purposes  for  which  authorized 

unlawfully   issued— void 

penalty  for 

for  storage  of  personal  property 

amount  of 

approved  by  commission 

motor  vehicle  indemnity 

approval  of  by  commission 

appeal  from  disapproval 

suspending — on  appeal 

exceptions 

warehouse  for  storage  of  personal  property 

BOOKS: 

destruction   of 

to  be  kept  in  state 

power  to  compel  production  of 

CAPITALIZATION— IN   GENERAL Art.  Ill 

of  consolidation 

consolidation   contract — prohibited 

franchise — prohibited 

lease — prohibited ' 

merger 

non-public  utility 

CAR  DISTRIBUTION: 

non-discriminatory 

preference  to  live  stock 

preference  to  perishables 

CERTIFICATE: 

of  official  acts 

of  convenience  and  necessity 

alteration  and  amendment  of 

grants,  no  monopoly 

power  to  issue 

when   void 

CERTIFIED  COPIES  OF  RECORDS: 

admissible  in  evidence 65  47 

CHAIRMAN  OF  COMMISSION: 

appointment 

salary 

CHANCERY  RULES: 

to  govern   appeal 

to  supreme  court 

CITY: 

defined 

may   complain 

notice — how  served  upon 

Ill 


SECTION 

PAGE 

6 

8 

6 

8 

6 

8 

4 

.   7 

4 

7 

4 

7 

4 

7 

20 

16 

21 

16 

23 

19 

24 

19 

3 

63 

3 

64 

3 

63 

55a 

37 

55b 

38 

55c 

38 

71 

61 

71 

51 

3 

63 

17 

15 

16 

14 

60 

42 

r 

16 

22 

19 

21 

18 

21 

18 

21 

18 

22 

19 

12 

14 

52 

34 

52 

34 

52 

34 

60 

42 

55 

37 

55 

37 

55 

37 

55 

37 

55 

37 

1 

5 

5 

7 

68 

49 

69 

50 

10 

13 

64 

46 

64 

46 

SECTION  PAGE 

police  powers — not  restricted 81  57 

powers  over  local  utilities  (see  "Local  Utilities".) 

CIVIL  SERVICE  EXEMPTIONS 3  o 

CLAIMS: 

for  reparation 72  52 

CLERK'S  SALARY 5  7 

COLLATERAL  ATTACK— FORBIDDEN 68  50 

COMMISSION: 

branch  oflBce 6  8 

chairman    of 1  5 

duty  to  enforce  certain  laws 79  55 

employees  of — not  to  divulge  information 18  15 

findings  and  conclusions — prima  facie  true 68  50 

oflBce — location   of 6  8 

office   hours 6  8 

organization  and  powers — in  general Art.  I  5 

power  of — paramount  to  cities 81  57 

power  to — 

abolish  grade  crossings 58  40 

adopt  rules  and  regulations 8  9 

amend  orders 67  48 

apportion  expense  of  joint  improvements 50  34 

approve  contracts 27  21 

consolidations 27  21 

leases 27  21 

merger 27  21 

motor  vehicle  insurance 55b  38 

purchase  and  sale 27  21 

sale  of  property 27  21 

audit  accounts 15  14 

authorize — 

assignment  of  franchise 28,  29  21,  22 

destruction  of  records 17  15 

crossings  at  grade 58  39 

compel — 

attendance  of  witnesses 60  42 

production  of  books  and  records 60  42 

compromise  suit  for  penalty 78  55 

confer  with  other  commissions 8  9 

correct  reports  of  utilities 19  15 

establish — 

forms  of  express  receipt 53  35 

interlockers 57  39 

joint  rates 42  30 

rates 36,  41  26,  29 

rules  governing — 

contracts 53  35 

express  company 52  35 

telegraph  company 52  35 

telephone  company 52  35 

safety  rules  and  regulations 57  39 

uniform  system  of  accounts 11  13 

examine   accounts 19  16 

agents 19  16 

books 19  16 

IV 


SECTION  PAGE 

employees 19  16 

equipment 19  16 

officers 19  16 

plant 19  16 

property 19  16 

vouchers 19  16 

warehouses  for  personal  property 3  63 

exercise  general  supervision   over   public   utility   com- 
panies   8  9 

fix   rates 36,  41  26,  29 

for   demurrage 52  34 

joint  service 42  29 

and  establish  division  of  same 42  30 

icing 52  34 

storage 52  34 

switching 52  35 

fix  rules  and  regulations 49  33 

grant  certificate  of  convenience  and  necessity 55  37 

reparation 72  52 

hear  appeal  from  city  under  Art.  VI 84  50 

hold  hearings 60  42 

inspect  accounts 63  44 

books 63  44 

documents 63  44 

equipment 63  44 

property 63  44 

issue  subpoena 60  42 

investigate — 

accidents 56  38 

applications  for  securities  issues 21  17 

books,  records,  contracts,  etc 21  17 

damage   cases 72  52 

interest  of  directors 21  17 

interstate  rates 43  30 

rates 36  26 

license — 

warehouses  for  storage  of  grain 80  55 

personal  property 1  63 

make  valuations 30  22 

for  cities  under  Art.  VI 83  58 

in  security  issue  cases 21  17 

order — 

crossings 58  39 

acquisition  of  real  estate  for 58  41 

extensions 50  33 

improvements 50  33 

joint  action 50  33 

joint  use  of  facilities 48  32 

night  lights  at  crossings 58  42 

physical  connections  between — 

telegraph  companies 47  32 

telephone  companies 47  32 

railroads 45  31 

proceedings  in  name  of  people — 

injunction 75  53 

mandamus 75  53 

production  of  evidence 62  44 

repairs 67  39 

removal  of  obstructions  to  view 58  41 

separation  of  grades 58  40 

petition — Interstate  Commerce  Commission 43  30 

V 


8ex:tion  page 

prosecute  to  recover  penalty 78  55 

regulate — 

capitalization 20  16 

of  non-utility  company 12  14 

consolidation 22  19 

freight  weights 52  35 

issue  of — 

bonds 20  16 

mortgages 20  16 

notes 20  16 

stocks 20  16 

merger 22  19 

speed  over  defective  tracks 57  39 

require  company  to — 

deliver  maps,  records,  etc 9  10 

furnish   information 9  10 

render  reports < 9, 19  10, 15 

revoke  license  of — 

grain    warehouse 80  55 

personal  property  warehouse 6  64 

supervise — 

public  utility  companies 8  9 

non-public  utility  companies 8  9 

take   depositions 62  44 

take  summary  action 65  47 

test   service 54  36 

appliances 54  36 

quorum   of 1  5 

to  act  on  rehearing 67  48 

to  aid  cities  under  Art.  VI 63"  58 

COMMISSIONER: 

appointment 1  5 

bond 4  7 

defined 10  10 

devote  entire  time 4  6 

must  not  be  interested  in  utility  company 4  6 

number  of 1  5 

salary  of 5  7 

shall  accept  no  gifts 4  7 

term  of  office 1  5 

COMMON  CARRIER: 

defined 10  11 

physical   connection 47  32 

terminal    facilities 44  31 

to  interchange  business 44  30 

COMPANY: 

defined 10     '  12 

(see  utility  company — non-utility  company.) 

COMPLAINTS: 

by  whom  made 64  45 

consolidation  of 64  45 

direct  damage — not  necessary 64  45 

separation    of 64  45 

service  of 64  45 

CONSOLIDATION: 

approval  necessary 27  21 

capitalization  of 22  19 

VI 


SECTION 

PAGE 

64 

45 

22 

19 

89 

62 

54 

36 

62 

44 

27 

21 

33 

24 

27 

21 

22 

19 

27 

21 

53 

35 

27 

21 

39 

27 

65 

47 

10 

12 

28 

22 

28 

22 

62 

43 

62 

43 

of  complaints 

power  to  regulate 

CONSTITUTIONAL  QUESTION: 

unconstitutionality  of  one  section  not  to  affect  others.  . 

CONSUMER— MAY  HAVE  TESTS  MADE 

CONTEMPT— WHEN  WITNESS  GUILTY   OF 

CONTRACTS: 

between  utilities 

for  services 

of  consolidation— approval  of 

not  to  be  capitalized 

purchase  and  sale 

rules  governing 

void  if  not  approved 

CONVEYANCES: 

upon  condition  of  services  to  be  rendered 

COPIES— CERTIFIED  TO: 

admissible  in  evidence 

CORPORATION: 

defined 

foreign — not  exempt  from  act 

utility  must  be  incorporated — ^where 

COSTS: 

of   witness 

service  of  subpoena 

COURT: 

actions  pending 88  62 

procedure — 
on  appeal — 

to    circuit    court 

to  supreme  court 

on  application  for  stay  order 

upon  suit  for  reparation 

suits  for  penalties  in 

to  order  witness  to  testify 

CROSSINGS— IN   GENERAL 58  39 

DAJVIAGE  CLAIMS: 

attorney  fees  in — when  recoverable 

commission  to  investigate 

reports  open  to  public 

direct  damage — not  necessary  to  complaint 

exemplary  damage — when  recoverable 

for  violation  of  order 

DEFACING  CROSSING   SIGNS 58  42 

DEFECTIVE: 

reports  to  be  corrected 

tracks — speed  rules  over 

DEFINITIONS 

DEMURRAGE   RATES 

DEPOSITIONS— HOW    TAKEN 

DEPRECIATION   ACCOUNT 

VII 


68 

49 

69 

60 

68 

49 

72 

52 

78 

55 

62 

44 

73 

53 

72 

52 

72 

53 

64 

45 

73 

53 

73 

53 

19 

15 

57 

39 

10 

10 

52 

34 

62 

44 

14 

14 

SECTION  PAGE 

DIRECTORS  OF  UTILITY  COMPANY: 

must  disclose  interests 21  17 

DISCRIMINATION— PROHIBITED    38,  39  27 

in  distribution  of  cars 62  34 

DIVISION: 

of  costs  of  crossings 58  40 

of  joint  rates 42  30 

DOCUMENTARY  EVIDENCE: 

to  be  produced 62  44 

EMERGENCY  RATES 35  25 

EMINENT  DOMAIN— WHEN  AUTHORIZED 58,  59  41,  42 

EMPLOYEES  OF  COMMISSION: 

not  to  divulge  information 18  15 

not  to  be  interested  in  utility  companies 4  6 

not  to  accept  gifts 4  7 

salaries  of — how  fixed 5  7 

ENGINEERS,   (SEE  EMPLOYEES) 5  7 

EQUIPMENT— MUST  BE  ADEQUATE 32  23 

ERROR— NONE  IN  INFORMALITY 60  42 

ERRONEOUS  REPORTS— TO  BE  CORRECTED 19  15 

ESTOPPEL^BY  FAILURE  TO  APPEAL 68  50 

EVIDENCE: 

accidental  reports — not  admissible 56  39 

certified  copy — admissible 6,65  8,  47 

depositions    62  44 

documentary — to  be  produced 62  44 

failure  to  receive — reversible 68  50 

new  evidence — not  taken  on  appeal 68  50 

records  of  commission — 

to  contain  transcript  of  evidence 60  42 

when  not  admissible 63  44 

strict  rules  not  binding 60  42 

EXEMPLARY  DAMAGES— WHEN  ALLOWED 73  53 

EXPENSES  OF  JOINT  IMPROVEMENTS 50  34 

EXPERTS,    (SEE   EMPLOYEES) 5  7 

EXPRESS  COMPANY: 

act  repealed 87  61 

defined    10  12 

receipt    form 53  35 

restricting  liability 53  35 

rules    governing 52  35 

EXTENSIONS: 

commission  may  order 50  33 

EXTENSION  ORDER— WHEN   GRANTED 65  46 

FACILITIES: 

joint  use  of 48  32 

must  be  adequate 32  23 

terminal    44  31 

transportation   51  34 

VIII 


SECTION  PAGE 

FALSE: 

accounts   17  15 

records    1'^  15 

statement  in  application 25  20 

penalty  for 25  20 

FEES: 

attorney— when  allowed — 

in  damage  case 73  53 

in    reparation 72  52 

for  issuance  of  securities 31  22 

publications    7  8 

service  of  subpoena 62  43 

tests  of  appliances 54  36 

warehouses   3  63 

witness    62  43 

none  charged  to  public  officials 7  8 

paid  into  state  treasury 7  8 

FILES  ARE  PUBLIC  RECORDS 8  9 

FOREIGN  CORPORATIONS— NOT  EXEMPT 28  22 

FORM  OF  SCHEDULES 34  24 

FRANCHISE— IN   GENERAL Art.  Ill  16 

assignment  of   27,  29  21,  22 

capitalization    of — prohibited 21  18 

FREIGHT: 

business  to  be  interchanged 44  30 

prefernce  given — 

live  stock    52  34 

perishables   52  34 

weights — regulation  of 52  35 

FUNDS: 

application  of — from  security  issue — 

to  be  accounted  for 21  18 

to  be  stated  in  order 21  18 

wrongfully    applied — penalty 25  20 

GRADE  CROSSINGS— IN  GENERAL 58  39 

GRAIN    WAREHOUSES— LICENSED 80  55 

GIFTS— EMPLYBES  SHALL  NOT  ACCEPT 4  7 

GOVERNOR: 

may  request  report  on  investigation 8  10 

to  approve  appointments 3  6 

to  appoint — 

assistant    commissioners 3  6 

chairman     1  5 

commissioners   ' 1  5 

secretary   2  5 

HAZARDOUS    CROSSINGS 58  41 

night  lights  at 58  42 

HEARINGS: 

by   whom   held 60  42 

notice  of 65  47 

how  served 64  45 

petition    for 65  47 

place  of  holding 3  6 

procedure    60  42 

IX 


SECTION  PAGE 

rules  of  evidence — not  binding 60  42 

to  be  public 60  42 

upon    complaint 65  46 

HIGHWAY: 

crossings  at  grade 58  39 

operation  of  motors  upon 55a  37 

HOME  RULE,  (see  "Local  Utilities") : 

ICING   RATES 52  34 

IDENTIFICATION   NUMBER 20  16 

ILLINOIS     INCORPORATION— REQUIRED 28  22 

IMMUNITY  OF  WITNESS 61  43 

not  extended  to  corporation 61  43 

IMPOUNDING   OF   FUNDS 71  52 

IMPROVEMENTS  MAY  BE   ORDERED 50  33 

INCOME  ACCOUNT 13  14 

INCRIMINATION: 

witness  granted  immunity 61  43 

INFORMATION— NOT  TO  BE  DIVULGED 18  15 

INJUNCTION  PROCEEDINGS: 

instituted  by  commission 75  53 

INSPECTORS,  (see  "Employees"): 

INSPECTION  OF  UTILITY  PROPERTY 63  44 

INSURANCE  FOR  MOTOR  COMPANY 55a  37 

approval    of 55b  38 

appeal   from  commission 55c  38 

INTERCORPORATE   RELATIONS— IN    GENERAL Art.  Ill  16 

INTERLOCKERS— POWER  TO  ESTABLISH 57  39 

INTERSTATE    RATES 43  30 

INVESTIGATIONS— MADE  WHEN  REQUESTED 8  9 

INVESTIGATION  REPORTS— TO  BE  IN  RECORD 60  43 

JOINT  ACTION: 

commission  may  require 50  33 

JOINT  RATES: 

commission  authorized  to  establish 42  29 

division  of — to  be  fixed 42  30 

filed    with   commission 33  24 

published     33  24 

JOINT  USE  OF  FACILITIES 48  32 

JURISDICTION: 

of  commission,   (see  "Commission")  — 

of  appeals — when  required 68  49 

to  be  retained 68  49 

LEASES: 

not  to  be  capitalized 22  19 

to  be  approved 27  21 

void  if  not  approved 27  21 

X 


SECTION  PAGE 

LEGISLATIVE  INVESTIGATION 8  9 

LIABILITY: 

of  company  for  acts  of  agents,  etc 76  54 

restriction  of,  in  express  receipt 53  35 

LICENSE: 

capitalization    of — prohibited 21  18 

for — 

warehouse    for    grain 80  55 

revocation   of 80  55 

warehouse — personal  property  storage  act 63 

bond    3  63 

fee  for 3  63 

period  for  which  Issued 4  64 

revocation  of 6  64 

rules    governing 7  64 

LIGHTS  AT  CROSSINGS 58  42 

LIMITATION: 

on   appeal • 68  49 

claims  for  reparation 72  52 

rehearing  on  new  facts  after  2  years 67  49 

LIVE  STOCK  SHIPMENTS— GIVEN  PREFERENCE 52  34 

LOCAL  UTILITY— IN  GENERAL Art.  VI  56 

home  rule — 

adoption  of  by  city 85  59 

submitted  once  in  2  years 85  60 

cities  under — 

to  adopt  rules  of  procedure 81  56 

examine    accounts 82  58 

receive   reports 82  57 

vested  with  power — 

to  be  exercised — how 81  57 

examine  into  condition  of 81  56 

fix    rates 81  56 

regulate  81  56 

commission  to  make  valuation — when 83  58 

railroads  excepted 81  56 

LONG  AND  SHORT  HAUL— IN  GENERAL 40  28 

railroads    40  28 

telephone  and  telegraph  clause 40  28 

MANDAMUS— COMMISSION  TO   INSTITUTE 75  53 

MEETINGS— OF  COMMISSION— WHERE  HELD 6  8 

MERGER: 

capitalization  of 22  19 

commission  to  approve 27  21 

to  regulate 22  19 

MESSAGES— TO  BE  INTERCHANGED 44  31 

METER  CARDS— WHEN  REQUIRED 54a  36 

MINORITY  STOCKHOLDERS  PROTECTED 27  21 

MORTGAGE: 

issue   of — regulated 20          .      16 

purposes  for  which  authorized 21  16 

to  be  approved 27  21 

XI 


SECTION  PAGE 

MOTOR  VEHICLE  COMPANY: 
proof  of — 

ability  to  pay  damages 55a  37 

indemnity    bond 55a  37 

insurance    55a  37 

to  be  approved  by  commission 55b  38 

approval    refused — appeal 55c  38 

MUNICIPAL  CONTROL  OF  UTILITIES,  (see  "Local  Utilities")  : 

MUNICIPALLY  OWNED  UTILITIES— EXCEPTED 10  11 

MUTUAL  TELEPHONE   COMPANIES— EXCEPTED 10  11 

NIGHT   LIGHTS— AT   CROSSINGS 58  42 

NON-PUBLIC  UTILITY— WHEN  REGULATED 8  9 

accounts  of 12  14 

capitalization   of 12  14 

NOTES: 

issue  regulated    20  16 

purpose  for  which  authorized 21  16 

short    term — authorized 21  18 

unlawfully  issued — void 23  19 

penalty    for 24  19 

NOTICE  OF 

adoption  of  Art.  VI 86  61 

appeal — when  and  where  filed 68  49 

application  for  stay  order 71  51 

change  in  rates 36  25 

hearing^ — how    served 64  45 

schedules  on  file 34  24 

surrender  of  power  under  Art.  VI 86  61 

summary  action  without 65  47 

NUMBER— FOR    IDENTIFICATION 20  16 

OATH: 

of  office 4  6 

power  to  administer 60  42 

reports  to  be  verified  under 19  15 

OBSTRUCTION  TO  VIEW— REMOVED 58  41 

OFFENSE— EACH   DAY   SEPARATE 76  54 

OFFICE- LOCATION     6  8 

branch    office 6  8 

hours 6  8 

of  utility — to  be  in  state 16  14 

OFFICER  OF  COMMISSION: 

not  to  divulge  information 18  15 

salary   5  7 

OFFICIALS— EXEMPT   FROM   FEES 7  8 

OPERATING  EXPENSE  ACCOUNT 13  14 

ORDER: 

accei)tance   of    66  47 

additional  time  for  compliance 65  46 

amendment  of 67  48 

authorizing  security  issue,  to  state  facts 21  18 

of  predecessor — continued  in  force 88  62 

service   of 66  47 


xn 


SECTION  PAGE 

receipt  acknowledged 66  47 

when  effective 65"  46 

PARTIES: 

cities  may  be 64  46. 

direct  damage — not  necessary 64  45 

to    complaint 64  45 

right  to  inspect'  record 63  44 

PASSENGERS  TO  BE  INTERCHANGED 44  30 

PENALTY,  (GENERAL  PENAL,  CLAUSE) 76  54 

action  for — how  brought 78  55 

in  cities  under  Art.  VI 81  57 

agent  personally  responsible  for 77  55 

cumulative    74  53 

each  day  a  separate  offense 76  54 

for — 

defacing  crossing  signs 58  42 

divulging    information 18  15 

failure  to  report 19  16 

to  cities  under  Art.  VI 82  58 

false    report 19  16 

issue  of  securities  wrongfully 24,  25  19,  20 

keeping — 

false  accounts  and  records 17  15 

unauthorized  accounts  and  records 17  15 

violation  of  act — 

by  company 76  54 

by  individual  or  agent 77  55 

violation  of  warehouse  act 8  64 

witness'  failure  to  appear 62  43 

individual   responsible    for 77  55 

no  bar  to  criminal  action 74  63 

not  released 74  53 

PENDING  ACTIONS: 

before  the  commission 88  62 

in  the  courts 88  62 

PERISHABLE   SHIPMENTS— GIVEN   PREFERENCE 52  34 

PERJURY     61  43 

PERMIT— CAPITALIZATION   OF 21  18 

PERSON— DEFINED    10  12 

PERSONAL  PROPERTY— STORAGE  OF 63 

PETITION  FOR  HEARING 65  47 

PHYSICAL  CONNECTION  BETWEEN: 

railroads    45  31 

street  railroads 46  32 

telegraph  lines 47  32 

telephone    lines 47  32 

POLICE  POWERS  OF  CITIES— NOT  RESTRICTED 81  57 

POT\rER  TO  ADMINISTER  OATHS 60  42 

PRACTICE,    (see  "Procedure")  : 

PREDECESSOR'S  ORDERS— CONTINUED  IN  FORCE 88  62 

PRESERVATION  OF  BOOKS,  RECORDS  AND  ACCOUNTS.  .  .  .  17  15 

xin 


SECTION  PAGE 

PRIORITY  OP  APPEAL  CASES 70  50 

PRIVILEGE  OF  WITNESS— NOT  GRANTED 61  43 

PROCEDURE— IN    GENERAL Art.  V  42 

appeal 67,  68           48,  49 

chancery  rules  to  govern 68  49 

from  action  of  city  under  Art.  VI l . . .  84  59 

application  for  stay  order 71  51 

complaint    cases 64,  65           45,46 

consolidation    cases 27  21 

merger   cases 27  21 

notice  of  hearing 64  45 

petitioin  for  rehearing 67  48 

pending    actions 88  62 

purchase  and  sale  cases 27  21 

security    issue    cases 65  47 

substantial  compliance  only,  necessary 91  62 

to  recover  reparations 72  52 

PROOF  OF  RECORDS— CERTIFIED  COPY 6  8 

PUBLICATIONS— FEES    FOR 7  8 

PUBLIC    HEARINGS 60  42 

PUBLIC    UTILITY— DEFINED 10  10 

act  repealed 87  61 

commission — equipment,  property  and  records  transferred.  .  87  61 

PURCHASE  AND  SALE  CONTRACT: 

to  be  approved 27  21 

void  if  not  approved 27  21 

QUORUM— OF   COMMISSION 1  5 

RAILROAD— DEFINED     10  11 

additional  facilities 51  34 

crossings    58  39 

defective    tracks 57  39 

freight    transfers 42  30 

joint    rates 42  29 

physical    connection 46  32 

rates: 

demurrage    52  34 

division   of 42  30 

icing    52  34 

long  and  short  haul 40  28 

storage     52  34 

shipments  routed 42  30 

speed    rules 57  39 

spur   tracks 45  31 

switching    rates 52  35 

terminal    facilities 44  31 

time  tables — changes 51  34 

to  interchange  business 44  30 

RAILROAD     AND     WAREHOUSE     COMMISSION     ACT 

REPEALED 87  61 

RATES— IN  GENERAL Art.  IV  23 

defined    10  13 

discrimination— prohibited    37,  38,  39       26,  27 

emergency    35  25 

XIV 


SECTION 

PAGE 

35 

25 

33 

24 

42 

29 

32 

23 

36 

25 

36 

26 

52 

34 

39 

27 

52 

34 

43 

30 

52 

34 

52 

35 

33 

23 

36 

26 

36 

26 

filed  with  commission 

joint    rates — in   general 

commission  to  fix 

mnst  be  reasonable 

notice  of  changes  in 

power  to  fix 

railroad — 

for    demurrage 

highway   materials 

icing  

interstate  traffic — investigated 

storage    

switching    

schedules — 

filed   with   commission 

period  of  suspension 

of   resuspension 

REAL  ESTATE  TO  BE  ACQUIRED: 

for  gra'Se  crossings 58  41 

RECORD: 

certified  copy  of  admissible 

destruction   of 

evidence  taken — to  be  part  of 

false  entry  in 

not  admissible  in  other  proceedings 

of  public  utilities  commission — transferred 

of  utility  company — kept  in  state 

on  appeal — 

to   consist  of 

stiuplation  as  to 

when  and  where  filed 

open  to  inspection  of  party 

proof  of — in  court 

reports  of  investigation- — part  of 

stenographer  to  take  evidence  for 

to  be  kept — in  writing 

to  be  public 

to  be  preserved — complete 

REDUCED  RATES  FOR  HIGHWAY  aiATERIALS 39  27 

REGULATIONS: 

commission's  power  to  fix 

of  freight  weights 

safety — power  to  establish 

REHEARING— PROCEDURE  FOR 

REMEDY— CUMULATIVE    

REPAIRS— COMMISSION'S  POWER  TO  ORDER 

REPARATION    

limitation  upon  claim  for 

REPEAL  OF  CERTAIN  ACTS 87  •     61 

REPORTS: 

accident    56  38 

annual — 

of  commission 

of  utility  company 

erroneous  or  defective — corrected 

filed  with  cities  under  Art.  VI 

of  investigations — to  be  in  record 


65 

47 

17 

15 

60 

42 

17 

15 

63 

44 

87 

61 

16 

14 

65 

46 

65 

46 

68 

49 

63 

44 

6 

8 

60 

43 

65 

46 

63 

44 

8 

9 

65 

46 

49 

33 

52 

35 

57 

39 

67 

48 

72 

52 

57 

39 

72 

52 

72 

52 

8 

9 

19 

15 

19 

15 

82 

57 

60 

43 

RESTRICTING  LIABILITY  IN  EXPRESS  RECEIPT 

RESUSPENSION  OF  RATES 

REVERSAL  FOR  FAILURE  TO  HEAR  EVIDENCE 

ROUTING    OF    SHIPMENTS 

RULES: 

cities  under  Art.  VI — 

to  adopt — governing  local  utilities 

commission   to   adopt 

governing — 

contracts  for  service 

express  companies 

telegraph  companies 

telephone  companies 

utility  companies — in  general 

warehouses  for   personality 

classification  of 

of    procedure 

of  evidence — not  binding 

of  utility  companies — 

must  be  filed 

must  be  reasonable 

on   appeal 

power  to  amend 

safety — power  to  establish 

speed  over  defective  track 

SAFETY: 

devices    

rules  and   regulations  established 

SALARIES  

SALE  OF  PROPERTY  OF  UTILITY 

SAVING  CLAUSE,  (CERTAIN  ACTS  NOT  REPEALED)  .  . 

SCHEDULES: 

filed  with  commission 

changes  in  rates  indicated 

form    prescribed 

must  be  produced  upon  demand 

notice   of — posted 

published — how   

SEAL— JUDICIAL  NOTICE  OF 

SECRETARY  OF  COMMISSION: 

appointment  

bond    

duties    

must  not  accept  gifts 

must  not  be  interested  in  utility  company 

salary  

term  of  office 

to  devote  entire  time 

SECURITIES— IN    GENERAL Art.  3 

fees  for  authorization  of 

funds — derived  from — 

to  be  accounted  for 

to  be  applied  as  ordered 

commission  to  regulate 

not  guaranteed 


SECTION 

PAGE 

53 

35 

36 

26 

68 

50 

42 

30 

81 

56 

8 

9 

53 

35 

52 

35 

62 

35 

52 

35 

49 

33 

7 

64 

3 

63 

8 

9 

60 

42 

33 

23 

32 

23 

68 

49 

8 

9 

57 

39 

57 

39 

57 

39 

57 

39 

5 

7 

27 

21 

87 

61 

33 

23 

36 

25 

34 

24 

34 

24 

34 

24 

34 

24 

2 

5 

4 

7 

2 

5 

4 

7 

4 

6 

5 

7 

2 

5 

4 

6 

16 

31 

22 

21 

18 

21 

18 

20 

16 

26 

20 

XVI 


purposes  for  which  authorized 

unlawfully    issued 

void    

penalty 

SEPARATION: 

of  complaints 

of  grades  at  crossings 

division  of  costs 

SERVICE— IN    GENERAL Art.  IV 

charges — proportionate    

contracts  filed 

inspection   of 

must  be  adequate 

of— 

complaint    

notice — how  given 

on  city 

orders  

subpoena   

standards   of — fixed 

testing   of 

units  of  service — fixed 

SHIPMENTS— ROUTING   OF 

SHORT  TERM  NOTES 

SIGNS  AT   CROSSINGS 

defacing  of 

penalty  for 

night    lights — at 

STAY  ORDER— PROCEDURE,  ETC 

STANDARD  UNITS  OF  SERVICE 

STENOGRAPHER— TO  TAKE  PROCEEDINGS 

STIPULATION  AS  TO  RECORD  ON  APPEAL 

STOCKS,   (see  "Securities)  : 

STORAGE  RATES— RAILROAD 52  34 

STREET    RAILROADS— DEFINED 

additional  facilities 

physical   connection  between 

SUBPOENA: 

authority  to  issue 

duces  tecum 

Costs  of 

service   of 

fees  for '. 

SUMMARY  ACTION  WITHOUT  NOTICE 

SUSPENDING  BOND— WHEN  REQUIRED 

SUSPENSION  OF  RATES 

SWITCHING  RATES 

SIGNS  AT  CROSSINGS 

STOCKHOLDERS— MINORITY  TO  BE  PROTECTED 

XVII 


SECTION 

PAGE 

21 

16 

25 

20 

23 

19 

24 

19 

64 

45 

58 

40 

58 

40 

23 

40 

28 

33 

24 

54 

36 

32 

23 

64 

45 

64 

45 

64 

46 

66 

47 

62 

43 

54 

36 

54 

36 

54 

36 

42 

30 

21 

18 

58 

41 

58 

42 

58 

■42 

58 

42 

71 

51 

54 

36 

65 

46 

65 

47 

10 

11 

51 

34 

46 

32 

60 

42 

60 

42 

62 

43 

62 

43 

62 

43 

65 

47 

71 

51 

36 

26 

52 

35 

58 

41 

27 

21 

SECTION 

PAGE 

52 

35 

44 

31 

47 

32 

52 

35 

44 

31 

47 

32 

44 

31 

54 

36 

54 

36 

51 

34 

10 

11 

10 

12 

12 

12 

39 

27 

5 

8 

17 

15 

17 

15 

TELEGRAPH  COMPANY— RULES  GOVERNING 

to  interchange  messages 

physical   connection   between 

TELEPHONE  COMPANY— RULES  GOVERNING 

to  interchange  messages 

physical   connection   between 

TERMINAL    FACILITIES 

TESTS  OF  SERVICE 

fees  for 

TIME  TABLE— RAILROAD  TO  FILE 51  34 

TRANSPORTATION : 

additional    facilities — when 

district — excepted   from   definition 

of  property — defined 

of  property — defined 

railroad — exchanged  for  advertising 

TRAVELING  EXPENSES— ALLOWED 

UNAUTHORIZED    ACCOUNTS 

records  

UNCONSTITUTIONALITY  OF  ONE  SECTION: 

not  to  affect  others  of  act 89  62 

UNIFORM  RATE  TO  BE  CHARGED 

system  of  accounts 

unlawful  to  keep  others 

UNIT  OF  SERVICE— FIXED 54  36 

UNLAWFULLY  ISSUED  SECURITIES: 

void 

penalty  

UTILITY  COMPANY: 

liable  for  acts  of  agent 

may  complain  to  commission 

must  be  Illinois  corporation 

disclose  interest  of  directors 

fill  blanks  submitted 

furnish    information    requested 

verify  reports  under  oath 

office  to  be  in  state 

to  deliver  records,  etc.,  upon  demand 

obey  order  of  commission 

VALUATIONS— IN  GENERAL Art.  Ill 

in  security  issue  cases 

of  local  utilities  under  Art.  VI 

power  to  make 

VACANCY— NOT  TO  AFFECT  COMMISSION 

VIEW— OBSTRUCTIONS  TO,  REMOVE 

VENUE  OF: 

action  of  commission 

appeals    

VOID  ACTS 27  22 


37 

26 

11 

13 

11 

13 

23 

19 

24 

19 

76 

54 

64 

46 

28 

22 

21 

17 

9 

10 

9 

10 

9 

10 

16 

14 

9 

10 

9 

10 

16 

21 

17 

83 

58 

30 

22 

1 

5 

58 

41 

75 

53 

68 

49 

SECTIOX  PAGE 

WAREHOUSE— DEFINED   10  12 

for  stoi'age  of  grain — license 80  55 

revocation 80  55 

for  storage  of  personal  property 63 

application  for  license 2  63 

bond     3  63 

classification  of 3  63 

examination   of 3  63 

jurisdiction  of 1  63 

WEIGHTS— FREIGHT— REGULATED    52  35 

WHARFINGER- DEFINED     10  12 

WITNESS: 

allowed  no  privilege '. 61  43 

contempt— when  guilty  of 62  43 

compelled   to   testify 63  44 

examination   under   oath 63  44 

failure  to  appear 62  43 

fees    62  43 

how  subpoenaed 62  43 

costs  of  service 62  43 

immunity  from  prosecution 61  43 

perjury     61  43 

power  to   issue 60  42 

WRONGFUL  APPLICATION  OF  FUNDS 25  20 

penalty    25  20 


XIX 


-  0 193. 


^HSOYOFILUNOS-URBANA 


3  0112  061866932 


